Funds First Pty Ltd & 2 ors v Owners Corporation Strata Plan 66609 & 10 ors (No. 2) [2008] NSWSC 428

Funds First Pty Ltd & 2 ors v Owners Corporation Strata Plan 66609 & 10 ors (No. 2) [2008] NSWSC 428

Security for costs should not be ordered against a corporate plaintiff where there are co-plaintiffs against whom security would not be ordered, and the joinder of the corporate plaintiff does not significantly expand the case or create a practical risk of unrecoverable costs for the defendants.

Parties
Plaintiff: Funds First Pty Ltd; Plaintiff: Cannes Management Pty Ltd; Plaintiff: Kerry Baranov; Defendant: Owners Corporation Strata Plan 66609; Defendant: Greg Cook; Defendant: Phoung TH Nguyen; Defendant: Andrew Smith; Defendant: Ms B Stevens; Defendant: Joseph Jean Espriritu; Defendant: Leanne Marie Scanes; Defendant: Clive Mancey; Defendant: Dianne Mancey; Defendant: Ronald Wood; Defendant: R Yip
Jurisdiction
Australia
Judgment Date
17 March 2008
Procedural Posture
Motion for Security for Costs / Interlocutory (motion Determined Before Full Hearing)
Outcome
Motion for security for costs dismissed with costs.
Legal Topics
Security for Costs, Corporate Impecuniosity, Trustee Corporations, Co Plaintiffs and Security, Party Joinder Effects on Costs
Civil Procedure Security for Costs Corporate Impecuniosity Trustee Corporations Co Plaintiffs and Security Party Joinder Effects on Costs

Case Brief

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Parties

Funds First Pty Ltd

Plaintiff

Cannes Management Pty Ltd

Plaintiff

Kerry Baranov

Plaintiff

Owners Corporation Strata Plan 66609

Defendant

Greg Cook

Defendant

Phoung TH Nguyen

Defendant

Andrew Smith

Defendant

Ms B Stevens

Defendant

Joseph Jean Espriritu

Defendant

Leanne Marie Scanes

Defendant

Clive Mancey

Defendant

Dianne Mancey

Defendant

Ronald Wood

Defendant

R Yip

Defendant

Procedural Posture

Motion for Security for Costs / Interlocutory (motion Determined Before Full Hearing)

Legal Issues

  1. 1 Whether security for costs should be ordered against a corporate trustee plaintiff where other co-plaintiffs exist against whom security would not be ordered.
  2. 2 Whether the inclusion of a corporate plaintiff significantly expands the case or increases practical risk to the defendants regarding costs.

Ratio Decidendi

Security for costs should not be ordered against a corporate plaintiff where there are co-plaintiffs against whom security would not be ordered, and the joinder of the corporate plaintiff does not significantly expand the case or create a practical risk of unrecoverable costs for the defendants.

Court Disposition

Motion for security for costs dismissed with costs.

Orders

  • The Notice of Motion is dismissed with costs.
  • The provisional fixture of the matter on 25 March 2008 for one day before the Chief Judge is confirmed.