Maroo Build Pty Ltd v CPB Contractors Pty Ltd [2024] NSWSC 660
Taking into account Maroo's financial accounts which show limited assets and capacity, lack of evidence of stultification or that its finances were caused by CPB, and applying accepted legal principles for security for costs, the Court ordered Maroo to provide security for CPB's costs in the sum of $400,000.
- Jurisdiction
- Australia
- Judgment Date
- 24 May 2024
- Procedural Posture
- Security for Costs Application / Interlocutory Application Ex Tempore Judgment
- Outcome
- Security for costs ordered
- Legal Topics
- ['security for Costs' 'quantum of Security' 'commercial Disputes']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Security for Costs Application / Interlocutory Application Ex Tempore Judgment
Legal Issues
- 1 ['Whether security for costs should be ordered against the plaintiff' 'What quantum of security is appropriate' 'Whether security order would stultify the proceedings' "Whether the plaintiff's financial position is attributable to the defendant's conduct"]
Ratio Decidendi
Taking into account Maroo's financial accounts which show limited assets and capacity, lack of evidence of stultification or that its finances were caused by CPB, and applying accepted legal principles for security for costs, the Court ordered Maroo to provide security for CPB's costs in the sum of $400,000.
Court Disposition
Security for costs ordered
Orders
- ['Plaintiff (Maroo Build Pty Ltd) to provide security for costs in the sum of $400,000.' 'Parties to confer and provide submissions on whether security should be ordered in tranches and directions to give effect to the ruling.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment