In the matter of Felan’s Fisheries Pty Limited [2016] NSWSC 1455

In the matter of Felan’s Fisheries Pty Limited [2016] NSWSC 1455

Because past costs and further preparation costs justified a $70,000 first tranche, the short dispute over requiring the first tranche before 21 October 2016 had become futile, the competing positions on the second tranche were best resolved by a $60,000 compromise, and the 17 June 2016 adjournment costs had already been ordered against SFM because SFM necessitated the adjournment, Felan's was ordered to provide $226,375 security for the Third to Ninth Defendants' costs in staged tranches of $70,000, $60,000 and $96,375, with no order requiring Felan's to pay the costs thrown away by that adjournment.

Jurisdiction
Australia
Judgment Date
12 October 2016
Procedural Posture
Security for Costs Application in Equity Corporations List Proceedings / Determination of Disputed Form of Orders Following Earlier Judgment on Security for Costs
Outcome
Plaintiff ordered to provide staged security for costs for the Third to Ninth Defendants; proceedings against them to be stayed for non-compliance; Plaintiff to pay costs of the interlocutory process except costs thrown away by the 17 June 2016 adjournment.
Legal Topics
['security for Costs' 'staged Security' 'stay for Non Payment of Security' 'costs of Interlocutory Process' 'costs Thrown Away by Adjournment']
['civil Procedure' 'costs' 'corporations'] ['security for Costs' 'staged Security' 'stay for Non Payment of Security' 'costs of Interlocutory Process' 'costs Thrown Away by Adjournment']

Case Brief

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Procedural Posture

Security for Costs Application in Equity Corporations List Proceedings / Determination of Disputed Form of Orders Following Earlier Judgment on Security for Costs

Legal Issues

  1. 1 ['Whether the first tranche of security for costs should be required within seven days of the orders or by 21 October 2016.' 'Whether the first and second tranches of security should each be $70,000 as proposed by the Third to Ninth Defendants or $50,000 as proposed by the Plaintiff.' "Whether the Plaintiff should pay the Third to Ninth Defendants' costs of an adjourned hearing of the security for costs application on 17 June 2016."]

Ratio Decidendi

Because past costs and further preparation costs justified a $70,000 first tranche, the short dispute over requiring the first tranche before 21 October 2016 had become futile, the competing positions on the second tranche were best resolved by a $60,000 compromise, and the 17 June 2016 adjournment costs had already been ordered against SFM because SFM necessitated the adjournment, Felan's was ordered to provide $226,375 security for the Third to Ninth Defendants' costs in staged tranches of $70,000, $60,000 and $96,375, with no order requiring Felan's to pay the costs thrown away by that adjournment.

Court Disposition

Plaintiff ordered to provide staged security for costs for the Third to Ninth Defendants; proceedings against them to be stayed for non-compliance; Plaintiff to pay costs of the interlocutory process except costs thrown away by the 17 June 2016 adjournment.

Orders

  • ["The Plaintiff provide security for costs of the Third to Ninth Defendants in the sum of $226,375, as follows: $70,000 by 5pm on 21 October 2016; $60,000 not less than 10 days before the Third to Ninth Defendants' evidence is due to be served; and $96,375 not less than 42 days prior to the date fixed for hearing."...