Quill Viscom Pty Ltd & Ors v The Quality Group Australia Pty Ltd & Ors [2009] NSWSC 463

Quill Viscom Pty Ltd & Ors v The Quality Group Australia Pty Ltd & Ors [2009] NSWSC 463

The application to strike out paragraphs of the amended statement of claim failed because it was not unreasonable for the second plaintiff to have omitted the present claim from previous proceedings, and the Anshun estoppel did not apply; however, the security for costs application succeeded due to risks associated...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 May 2009
Procedural Posture
Civil / Interlocutory Application
Outcome
Security for costs order granted; strike out application dismissed.
Legal Topics
['security for Costs' 'strike Out Applications' 'procedural Fairness' 'estoppel']
['civil Procedure'] ['security for Costs' 'strike Out Applications' 'procedural Fairness' 'estoppel']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ['Whether certain paragraphs of the amended statement of claim should be struck out under rule 14.28 of the Uniform Civil Procedure Rules 2005 based on the Anshun estoppel principle.' 'Whether security for costs should be ordered against the plaintiffs, including natural persons and a corporate plaintiff.']

Ratio Decidendi

The application to strike out paragraphs of the amended statement of claim failed because it was not unreasonable for the second plaintiff to have omitted the present claim from previous proceedings, and the Anshun estoppel did not apply; however, the security for costs application succeeded due to risks associated with the plaintiffs’ financial situation, litigation conduct, and the protection of defendants’ costs, justified by evidence and legal authority.

Court Disposition

Security for costs order granted; strike out application dismissed.

Orders

  • ['Plaintiffs to pay security for costs in the sum of $200,000 within seven days.']