HP Mercantile Pty Ltd v Anthony William Andrew [2013] NSWSC 1535

HP Mercantile Pty Ltd v Anthony William Andrew [2013] NSWSC 1535

An order for security for the costs of all 35 defendants should be made against the plaintiff, with security for past costs set at 25% of the incurred amount per defendant, and 75% of reasonably estimated future costs for the preliminary hearing on common issues, due to the plaintiff's conceded inability to pay all costs and the absence of persuasive discretionary factors against such an order.

Parties
Plaintiff and Respondent: HP Mercantile Pty Ltd; Defendant and Applicant: Anthony William Andrew
Jurisdiction
Australia
Judgment Date
23 October 2013
Procedural Posture
Interlocutory Application / Security for Costs Application Prior to Directions Hearing in Substantive Proceedings
Outcome
Application for security for costs granted as specified.
Legal Topics
Security for Costs, Costs Orders Against Corporations, Court Management of Multiple Proceedings, Discretion in Awarding Security
Civil Procedure Corporate Law Security for Costs Costs Orders Against Corporations Court Management of Multiple Proceedings Discretion in Awarding Security

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Parties

HP Mercantile Pty Ltd

Plaintiff and Respondent

Anthony William Andrew

Defendant and Applicant

Procedural Posture

Interlocutory Application / Security for Costs Application Prior to Directions Hearing in Substantive Proceedings

Legal Issues

  1. 1 Whether an order for security for costs should be made against the plaintiff corporation in favour of 35 defendants
  2. 2 Whether discretionary factors exist against making such order
  3. 3 Whether security should cover past and/or future costs

Ratio Decidendi

An order for security for the costs of all 35 defendants should be made against the plaintiff, with security for past costs set at 25% of the incurred amount per defendant, and 75% of reasonably estimated future costs for the preliminary hearing on common issues, due to the plaintiff's conceded inability to pay all costs and the absence of persuasive discretionary factors against such an order.

Court Disposition

Application for security for costs granted as specified.

Orders

  • Order the plaintiff to provide security for the costs of the 35 defendants, in accordance with pars 35, 37 and 38 of these reasons for judgment.
  • Direct the parties to bring in short minutes to put into effect these reasons for judgment.