Chivada Pty Limited v Listamar Pty Limited [1999] NSWSC 398

Chivada Pty Limited v Listamar Pty Limited [1999] NSWSC 398

The court exercised discretion to order security for costs because evidence indicated the plaintiff company may be unable to pay an adverse costs order, and shareholders' potential financial resources did not guarantee payment; no evidence that security order would stultify proceedings.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 April 1999
Procedural Posture
Notice of Motion for Review and Security for Costs / Determination of Motion for Security for Costs and Review of Registrar's Orders
Outcome
Application for security for costs granted; Registrar's previous order discharged.
Legal Topics
['security for Costs' 'corporate Litigation']
['civil Procedure'] ['security for Costs' 'corporate Litigation']

Source-derived case record

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Procedural Posture

Notice of Motion for Review and Security for Costs / Determination of Motion for Security for Costs and Review of Registrar's Orders

Legal Issues

  1. 1 ['Whether security for costs should be ordered against plaintiff company' "Review of Registrar's previous dismissal of security for costs"]

Ratio Decidendi

The court exercised discretion to order security for costs because evidence indicated the plaintiff company may be unable to pay an adverse costs order, and shareholders' potential financial resources did not guarantee payment; no evidence that security order would stultify proceedings.

Court Disposition

Application for security for costs granted; Registrar's previous order discharged.

Orders

  • ['Orders made by the Registrar on 20 May 1997 be discharged.' "Plaintiff provide security for defendants' costs in the sum of $26,000 in acceptable form; proceedings stayed until given." "Plaintiff pay defendants' costs of Notices of Motion filed 27 May 1997 and 1 May 1997." 'Leave granted to defendants to proceed...