Janco Developments Pty Ltd v Heworth Construction Pty Ltd [2024] NSWSC 652

Janco Developments Pty Ltd v Heworth Construction Pty Ltd [2024] NSWSC 652

Given all circumstances, the appropriate quantum of security for Mr He's costs is fixed at $350,000, reflecting the upper end of the range estimated by solicitors for both parties and taking a broad-brush approach to likely reasonable costs. There is no dispute that security should be provided, only as to the amount; earlier orders are neither vacated nor substantially varied but replaced by a new order for provision of security.

Jurisdiction
Australia
Judgment Date
29 May 2024
Procedural Posture
Security for Costs Application / Interlocutory Determination on Security for Costs
Outcome
Plaintiff to provide security for costs in the sum of $350,000.
Legal Topics
['security for Costs' 'costs Orders' 'procedural Amendments in Litigation']
['civil Procedure'] ['security for Costs' 'costs Orders' 'procedural Amendments in Litigation']

Case Brief

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Procedural Posture

Security for Costs Application / Interlocutory Determination on Security for Costs

Legal Issues

  1. 1 ["Whether the plaintiff should provide security for the third defendant's costs" 'Quantum of security for costs to be provided from this point to conclusion of hearing' 'Whether earlier orders for security for costs should be vacated or varied']

Ratio Decidendi

Given all circumstances, the appropriate quantum of security for Mr He's costs is fixed at $350,000, reflecting the upper end of the range estimated by solicitors for both parties and taking a broad-brush approach to likely reasonable costs. There is no dispute that security should be provided, only as to the amount; earlier orders are neither vacated nor substantially varied but replaced by a new order for provision of security.

Court Disposition

Plaintiff to provide security for costs in the sum of $350,000.

Orders

  • ['Plaintiff to provide security for costs to the third defendant in the amount of $350,000.' 'Security to be provided in accordance with the orders to be agreed between parties.' "Costs of the security motions to be that party's costs in the cause." "Plaintiff to pay third defendant's costs thrown away by the...