CT Money Pty Ltd & Ors v GJ & SG Thompson Pty Limited & Anor [2011] NSWSC 1468
Given Thompson's failure and inability to provide ordered security for costs and the likelihood this will not change, together with the impending trial and prejudice to Darranda, the only appropriate order is to dismiss the second cross-claim under UCPR r 42.21(3).
- Jurisdiction
- Australia
- Judgment Date
- 02 November 2011
- Procedural Posture
- Interlocutory Application / Application for Dismissal of Second Cross Claim for Failure to Provide Security for Costs
- Outcome
- Second cross-claim dismissed with costs.
- Legal Topics
- ['security for Costs' 'dismissal of Proceedings' 'cross Claims' 'indemnity' 'procedure']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Interlocutory Application / Application for Dismissal of Second Cross Claim for Failure to Provide Security for Costs
Legal Issues
- 1 ["Whether cross-claimant's failure to provide security for costs justifies dismissal of second cross-claim under UCPR r 42.21(3)" 'Relevant considerations for court in dismissing cross-claim for non-compliance with security order']
Ratio Decidendi
Given Thompson's failure and inability to provide ordered security for costs and the likelihood this will not change, together with the impending trial and prejudice to Darranda, the only appropriate order is to dismiss the second cross-claim under UCPR r 42.21(3).
Court Disposition
Second cross-claim dismissed with costs.
Orders
- ['The second cross-claim is dismissed with costs.' "The second cross-claimant is to pay the second cross-defendant's costs of the motion filed 17 October 2011."]
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment