Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2002] NSWSC 238

Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2002] NSWSC 238

The order for security for costs was varied to permit security to be given by undertakings from Mr Lamb and Ms Tilbury, given constraints on raising cash or mortgaging the property before trial and balancing the need for real security with the risk of foreclosing the litigation.

Parties
Plaintiff: Lamru Pty Ltd; First Defendant: Kation Pty Ltd; Second Defendant: Peter Lawrence Lewis; Third Defendant: Mark Lewis; Liquidator: Brian Raymond Silvia
Jurisdiction
Australia
Judgment Date
26 March 2002
Procedural Posture
Security for Costs Application / Post Application Review and Variation
Outcome
Registrar’s order for security for costs varied; security to be given by undertakings by Mr Lamb and Ms Tilbury; order for security for costs in favour of third defendant ($50,000); costs orders as specified.
Legal Topics
Security for Costs, Costs Orders
Civil Procedure Security for Costs Costs Orders

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Parties

Lamru Pty Ltd

Plaintiff

Kation Pty Ltd

First Defendant

Peter Lawrence Lewis

Second Defendant

Mark Lewis

Third Defendant

Brian Raymond Silvia

Liquidator

Procedural Posture

Security for Costs Application / Post Application Review and Variation

Legal Issues

  1. 1 Whether security for costs should be varied to permit security in the form of an undertaking by the plaintiff’s controller and his wife
  2. 2 Amount and form of security for costs for third defendant

Ratio Decidendi

The order for security for costs was varied to permit security to be given by undertakings from Mr Lamb and Ms Tilbury, given constraints on raising cash or mortgaging the property before trial and balancing the need for real security with the risk of foreclosing the litigation.

Court Disposition

Registrar’s order for security for costs varied; security to be given by undertakings by Mr Lamb and Ms Tilbury; order for security for costs in favour of third defendant ($50,000); costs orders as specified.

Orders

  • Security for costs against plaintiff in favour of first and second defendants to be given by undertakings to Court from Mr Lamb and Ms Tilbury.
  • Plaintiff to provide evidence that Ms Tilbury received independent advice.