Bright Ceiling Systems Pty Ltd v Merhis Contracting Pty Ltd (No 2) [2017] NSWSC 1580

Bright Ceiling Systems Pty Ltd v Merhis Contracting Pty Ltd (No 2) [2017] NSWSC 1580

Given the plaintiff's continued financial instability, prior security for costs has been expended, and likely further costs to defendant, the court orders additional security for costs of $70,000 and stays proceedings until such security is provided; costs follow the event.

Jurisdiction
Australia
Judgment Date
23 November 2017
Procedural Posture
Civil / Interlocutory Ruling on Security for Costs and Amendment of Pleadings
Outcome
Orders made for further security for costs, leave to amend, and costs payable by plaintiff to defendant; proceedings stayed until security provided.
Legal Topics
['security for Costs' 'costs' 'amendment of Pleadings']
['civil Procedure'] ['security for Costs' 'costs' 'amendment of Pleadings']

Case Brief

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Procedural Posture

Civil / Interlocutory Ruling on Security for Costs and Amendment of Pleadings

Legal Issues

  1. 1 ['Whether additional security for costs should be ordered' 'Quantum of security for costs' "Plaintiff's financial position and its effect on security for costs" 'Entitlement to costs of applications' 'Procedure for amendment of pleadings']

Ratio Decidendi

Given the plaintiff's continued financial instability, prior security for costs has been expended, and likely further costs to defendant, the court orders additional security for costs of $70,000 and stays proceedings until such security is provided; costs follow the event.

Court Disposition

Orders made for further security for costs, leave to amend, and costs payable by plaintiff to defendant; proceedings stayed until security provided.

Orders

  • ['Leave granted to plaintiff to file further amended statement of claim within seven days.' "Plaintiff to pay defendant's costs of application to amend and costs thrown away by reason of amendment." 'For notice of motion filed 23 May 2017, costs of motion are costs in the cause.' "Plaintiff to provide further...