DJZ Constructions Pty Ltd v Paul Pritchard trading as Pritchard Law Group [2009] NSWSC 359

DJZ Constructions Pty Ltd v Paul Pritchard trading as Pritchard Law Group [2009] NSWSC 359

Further security in the sum of $50,000 is just in the circumstances, having regard to the discretion conferred by the rules, the delay in applying for further security, authorities favouring prospective orders, and that the parties agreed on the ultimate amount and terms.

Parties
Plaintiff: DJZ Constructions Pty Ltd; Defendant: Paul Pritchard trading as Pritchard Law Group
Jurisdiction
Australia
Judgment Date
07 May 2009
Procedural Posture
Professional Negligence / Ruling on Motion for Further Security for Costs
Outcome
Further security for costs ordered; proceedings stayed pending provision of security.
Legal Topics
Security for Costs, Delay in Application for Security, Stay of Proceedings, Discretion in Ordering Security
Civil Procedure Security for Costs Delay in Application for Security Stay of Proceedings Discretion in Ordering Security

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Parties

DJZ Constructions Pty Ltd

Plaintiff

Paul Pritchard trading as Pritchard Law Group

Defendant

Procedural Posture

Professional Negligence / Ruling on Motion for Further Security for Costs

Legal Issues

  1. 1 Whether further security for costs should be ordered for defendant's costs
  2. 2 Whether further security should cover costs already incurred since first security was provided

Ratio Decidendi

Further security in the sum of $50,000 is just in the circumstances, having regard to the discretion conferred by the rules, the delay in applying for further security, authorities favouring prospective orders, and that the parties agreed on the ultimate amount and terms.

Court Disposition

Further security for costs ordered; proceedings stayed pending provision of security.

Orders

  • The plaintiff provide further security for the defendant's costs in the amount of $50,000, by bank guarantee issued by a bank incorporated in Australia, guarantee to provide for release of funds by order of the Court.
  • Proceedings are stayed until such time as further security has been provided by the plaintiff in accordance with order 1 above.