Bird In The Hand 2 Pty Ltd v S&K Johnson Construction Pty Ltd [2024] NSWSC 560

Bird In The Hand 2 Pty Ltd v S&K Johnson Construction Pty Ltd [2024] NSWSC 560

The defendants failed to establish that the plaintiff will be unable to pay costs if unsuccessful. Even if the threshold was met, the application would be refused in discretion as the proceedings are defensive, delay is present, and estimate of costs lacked sufficient detail.

Parties
Applicant/defendant: S&K Johnson Constructions Pty Limited; Applicant/defendant: Maggie-Rose Melanie Sciascia; Applicant/defendant: Dean John Glen-Holmes; Applicant/defendant: Rebecca Ann Benney; Applicant/defendant: Gregory John Chapman; Applicant/defendant: Daniel Gregory Chapman; Applicant/defendant: Brock Anthony King; Applicant/defendant: Stephen Schulter Schulter; Applicant/defendant: Lynn-Holly Casolocan Ting; Applicant/defendant: Pervin Rajah; Applicant/defendant: Timothy Malcolm Cole; Applicant/defendant: Alison Morag Russell; Applicant/defendant: Clint Mathew; Applicant/defendant: Shoby Alias; Respondent/plaintiff: Bird In The Hand 2 Pty Limited
Jurisdiction
Australia
Judgment Date
03 May 2024
Procedural Posture
Notice of Motion for Security for Costs / Interlocutory Application Ruling
Outcome
Application dismissed
Legal Topics
Security for Costs, Off the Plan Contracts, Corporate Plaintiff, Rescission, Statutory Leave to Rescind, Defensive Proceedings
Equity Real Property Civil Procedure Security for Costs Off the Plan Contracts Corporate Plaintiff Rescission Statutory Leave to Rescind +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

S&K Johnson Constructions Pty Limited

Applicant/defendant

Maggie-Rose Melanie Sciascia

Applicant/defendant

Dean John Glen-Holmes

Applicant/defendant

Rebecca Ann Benney

Applicant/defendant

Gregory John Chapman

Applicant/defendant

Daniel Gregory Chapman

Applicant/defendant

Brock Anthony King

Applicant/defendant

Stephen Schulter Schulter

Applicant/defendant

Lynn-Holly Casolocan Ting

Applicant/defendant

Pervin Rajah

Applicant/defendant

Timothy Malcolm Cole

Applicant/defendant

Alison Morag Russell

Applicant/defendant

Clint Mathew

Applicant/defendant

Shoby Alias

Applicant/defendant

Bird In The Hand 2 Pty Limited

Respondent/plaintiff

Procedural Posture

Notice of Motion for Security for Costs / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the plaintiff will be unable to pay the defendants' costs if unsuccessful
  2. 2 Whether discretionary factors justify security for costs
  3. 3 Whether proceedings are defensive in nature for security for costs

Ratio Decidendi

The defendants failed to establish that the plaintiff will be unable to pay costs if unsuccessful. Even if the threshold was met, the application would be refused in discretion as the proceedings are defensive, delay is present, and estimate of costs lacked sufficient detail.

Court Disposition

Application dismissed

Orders

  • Order that the motion be dismissed.
  • Reserve the costs of the motion.