Grandview Ausbuilder Pty Ltd v Budget Demolitions & Excavations Pty Ltd [2020] NSWSC 343

Grandview Ausbuilder Pty Ltd v Budget Demolitions & Excavations Pty Ltd [2020] NSWSC 343

Budget is entitled to security for its costs because Grandview acknowledges inability to pay adverse costs and has not shown stultification would result or that those standing behind the litigation are without means; cross-claim and other arguments do not preclude an appropriate order for security for costs under s 1335(1) of the Corporations Act 2001 (Cth).

Parties
Plaintiff/cross Defendant: Grandview Ausbuilder Pty Ltd; Defendant/cross Claimant: Budget Demolitions & Excavations Pty Ltd
Jurisdiction
Australia
Judgment Date
25 March 2020
Procedural Posture
Application for Security for Costs / Interlocutory (security for Costs Application)
Outcome
Order for security for costs granted
Legal Topics
Security for Costs, Corporate Insolvency, Building and Construction Contracts, Stay of Proceedings, Cross Claims
Civil Procedure Equity Security for Costs Corporate Insolvency Building and Construction Contracts Stay of Proceedings Cross Claims

Case Brief

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Parties

Grandview Ausbuilder Pty Ltd

Plaintiff/cross Defendant

Budget Demolitions & Excavations Pty Ltd

Defendant/cross Claimant

Procedural Posture

Application for Security for Costs / Interlocutory (security for Costs Application)

Legal Issues

  1. 1 Whether the defendant is entitled to security for its costs from the plaintiff under s 1335 of the Corporations Act 2001 (Cth)
  2. 2 Whether plaintiff's impecuniosity precludes order for security for costs
  3. 3 Whether a cross-claim changes the character of plaintiff's proceeding for purpose of security

Ratio Decidendi

Budget is entitled to security for its costs because Grandview acknowledges inability to pay adverse costs and has not shown stultification would result or that those standing behind the litigation are without means; cross-claim and other arguments do not preclude an appropriate order for security for costs under s 1335(1) of the Corporations Act 2001 (Cth).

Court Disposition

Order for security for costs granted

Orders

  • Order that the plaintiff provide interim security for the defendant's costs of the proceedings in the sum of $21,000 to be paid within 21 days.
  • Order that the security be paid by payment into Court or such other form as may be agreed with the Registrar or between the parties.