H & M Constructions (NSW) Pty Ltd v Golden Rain Development Pty Ltd (No 3) [2023] NSWSC 58

H & M Constructions (NSW) Pty Ltd v Golden Rain Development Pty Ltd (No 3) [2023] NSWSC 58

The defendant was not entitled to further security for past costs because the earlier security had been obtained on a specified basis for anticipated discovery costs and the Court should not ordinarily revisit that contested estimate merely because it proved inadequate. For future costs, applying a broad-brush approach to the uncontested expert evidence and the plaintiff's objections, the reasonable further security to allow was $450,000.

Jurisdiction
Australia
Judgment Date
03 February 2023
Procedural Posture
Security for Costs Application / Further Security for Costs; Quantum
Outcome
No further security for past costs; further security allowed for future costs in the sum of $450,000; parties to bring in short minutes.
Legal Topics
['security for Costs' 'further Security for Costs' 'discovery Costs' 'future Trial Costs' 'evidence Admissibility']
['civil Procedure' 'costs' 'equity Technology and Construction List'] ['security for Costs' 'further Security for Costs' 'discovery Costs' 'future Trial Costs' 'evidence Admissibility']

Case Brief

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Procedural Posture

Security for Costs Application / Further Security for Costs; Quantum

Legal Issues

  1. 1 ['Whether the defendant should receive further security for past costs where earlier security had been ordered on the basis of anticipated discovery costs and discovery costs were higher than expected.' "What amount of further security should be ordered for the defendant's future costs to hearing."]

Ratio Decidendi

The defendant was not entitled to further security for past costs because the earlier security had been obtained on a specified basis for anticipated discovery costs and the Court should not ordinarily revisit that contested estimate merely because it proved inadequate. For future costs, applying a broad-brush approach to the uncontested expert evidence and the plaintiff's objections, the reasonable further security to allow was $450,000.

Court Disposition

No further security for past costs; further security allowed for future costs in the sum of $450,000; parties to bring in short minutes.

Orders

  • ['No further security for past costs.' 'Future costs allowed in the sum of $450,000.' 'The parties should bring in short minutes to give effect to the reasons.']