A-Link Technology Pty Ltd v Cumberland Council [2020] NSWSC 1845

A-Link Technology Pty Ltd v Cumberland Council [2020] NSWSC 1845

Given the Plaintiffs failed to comply with their procedural obligations, provide evidence or submissions, and there is a real risk of inability to meet an adverse costs order, the requirements for orders for security for costs pursuant to UCPR r 42.21 are met. Proceedings must be stayed until compliance with security and representation requirements under UCPR r 7.1.

Jurisdiction
Australia
Judgment Date
11 December 2020
Procedural Posture
Security for Costs, Procedural Competency / Interlocutory Application (security for Costs and Procedural Direction on Representation)
Outcome
Plaintiffs ordered to provide security for costs; proceedings stayed until compliance; Plaintiffs to pay Defendants' costs of the motions
Legal Topics
['security for Costs' 'corporate Plaintiffs' 'compliance With Court Orders' 'commencement by Corporation' 'representation Requirements']
['equity' 'civil Procedure' 'real Property'] ['security for Costs' 'corporate Plaintiffs' 'compliance With Court Orders' 'commencement by Corporation' 'representation Requirements']

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Procedural Posture

Security for Costs, Procedural Competency / Interlocutory Application (security for Costs and Procedural Direction on Representation)

Legal Issues

  1. 1 ['Whether security for costs should be ordered against the Plaintiffs' 'Whether proceedings are properly constituted per UCPR r 7.1' 'Whether the Plaintiffs have complied with procedural directions of the Court']

Ratio Decidendi

Given the Plaintiffs failed to comply with their procedural obligations, provide evidence or submissions, and there is a real risk of inability to meet an adverse costs order, the requirements for orders for security for costs pursuant to UCPR r 42.21 are met. Proceedings must be stayed until compliance with security and representation requirements under UCPR r 7.1.

Court Disposition

Plaintiffs ordered to provide security for costs; proceedings stayed until compliance; Plaintiffs to pay Defendants' costs of the motions

Orders

  • ['Plaintiffs to provide security to the First Defendant of $250,000 by 2 February 2021 in acceptable form' 'Plaintiffs to provide security to the Second Defendant of $340,000 by 2 February 2021 in acceptable form' 'Proceedings stayed until security is provided and a director is joined as plaintiff or a solicitor...