Planet Plumbing (ACT) Pty Ltd v Gentec Australia Pty Ltd [2022] NSWSC 1490

Planet Plumbing (ACT) Pty Ltd v Gentec Australia Pty Ltd [2022] NSWSC 1490

The Court determined that $120,000 in security for costs was appropriate, calculated by aggregating past costs, future costs solely related to these proceedings, and half of the estimated future costs shared with other proceedings, then applying a 30 percent discount, and ordered that it be provided in two tranches by way of payment into court.

Parties
Plaintiff | Respondent: Planet Plumbing (ACT) Pty Ltd; First Defendant: Gentec Australia Pty Ltd; Second Defendant | Applicant: Tradelink Pty Limited
Jurisdiction
Australia
Judgment Date
28 October 2022
Procedural Posture
Security for Costs Application / Interlocutory Order
Outcome
Application for security for costs granted in part; orders made for security to be provided in two tranches by payment into court; proceedings stayed if security not provided.
Legal Topics
Security for Costs, Quantum and Form of Security, Costs in the Cause, Provision of Security in Tranches
Civil Procedure Equity Security for Costs Quantum and Form of Security Costs in the Cause Provision of Security in Tranches

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Parties

Planet Plumbing (ACT) Pty Ltd

Plaintiff | Respondent

Gentec Australia Pty Ltd

First Defendant

Tradelink Pty Limited

Second Defendant | Applicant

Procedural Posture

Security for Costs Application / Interlocutory Order

Legal Issues

  1. 1 What is the appropriate amount of security for costs to be ordered?
  2. 2 Should security cover costs of the application and mediation?
  3. 3 What is the appropriate form and timing for the provision of security?

Ratio Decidendi

The Court determined that $120,000 in security for costs was appropriate, calculated by aggregating past costs, future costs solely related to these proceedings, and half of the estimated future costs shared with other proceedings, then applying a 30 percent discount, and ordered that it be provided in two tranches by way of payment into court.

Court Disposition

Application for security for costs granted in part; orders made for security to be provided in two tranches by payment into court; proceedings stayed if security not provided.

Orders

  • The plaintiff is to provide security for the second defendant's costs: $60,000 to be paid by 29 November 2022; $60,000 to be paid within two months before the date on which the matter is fixed for trial.
  • The form of the security is to be by payment into court.