Lesvos Pty Ltd & 1 ors v Penrith Whitewater Stadium Ltd [2006] NSWSC 823

Lesvos Pty Ltd & 1 ors v Penrith Whitewater Stadium Ltd [2006] NSWSC 823

There is credible evidence the plaintiffs would likely be unable to meet an adverse costs order should they fail in the proceedings. The application, though delayed, was timely in relation to the claim for substantial damages being pursued. The order for security for costs is not oppressive, as there is no evidence it would stultify the proceedings. The sum is set at a just level based on estimated future costs for a seven-day hearing.

Jurisdiction
Australia
Judgment Date
17 August 2006
Procedural Posture
Application for Security for Costs / Interlocutory (security for Costs Motion)
Outcome
Order for security for costs granted to the defendants.
Legal Topics
['security for Costs' 'delay in Applications' "plaintiff's Impecuniosity"]
['civil Procedure' 'corporations Law'] ['security for Costs' 'delay in Applications' "plaintiff's Impecuniosity"]

Case Brief

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Procedural Posture

Application for Security for Costs / Interlocutory (security for Costs Motion)

Legal Issues

  1. 1 ["Whether the plaintiffs should be ordered to provide security for the defendants' costs of the proceedings" 'Whether delay in bringing the application for security for costs should prevent the order' 'Whether the financial position of plaintiffs and their backers would make the security order oppressive']

Ratio Decidendi

There is credible evidence the plaintiffs would likely be unable to meet an adverse costs order should they fail in the proceedings. The application, though delayed, was timely in relation to the claim for substantial damages being pursued. The order for security for costs is not oppressive, as there is no evidence it would stultify the proceedings. The sum is set at a just level based on estimated future costs for a seven-day hearing.

Court Disposition

Order for security for costs granted to the defendants.

Orders

  • ["The plaintiffs give security for the defendants' costs of the proceedings in a form acceptable to the Registrar within 28 days in an amount of $187,500.00." 'In the event security is not given, the proceedings be stayed.' "The plaintiffs pay the defendants' costs of the motion."]