Reid's Farms Pty Ltd v Murray Shire Council [2009] NSWLEC 171

Reid's Farms Pty Ltd v Murray Shire Council [2009] NSWLEC 171

The applicant company has no assets or taxable income, and neither it nor its sole director resides in New South Wales. No person standing behind the company is willing to provide security for costs. The points of claim are currently defective and lack merit. As such, it is appropriate and within the Court's discretion to order the applicant to pay security for costs in reduced amounts reflective of party-party costs, and to strike out the points of claim with leave to replead.

Jurisdiction
Australia
Judgment Date
01 October 2009
Procedural Posture
Class 4 Proceedings / Interlocutory Applications for Security for Costs and Strike Out
Outcome
Security for costs ordered against applicant; points of claim struck out with leave to replead.
Legal Topics
['security for Costs' 'strike Out Application' 'points of Claim' 'court Discretion']
['practice and Procedure'] ['security for Costs' 'strike Out Application' 'points of Claim' 'court Discretion']

Case Brief

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Procedural Posture

Class 4 Proceedings / Interlocutory Applications for Security for Costs and Strike Out

Legal Issues

  1. 1 ['Should security for costs be ordered against the applicant?' "Are the applicant's points of claim defective and should they be struck out?" 'What quantum of security for costs is appropriate in the circumstances?']

Ratio Decidendi

The applicant company has no assets or taxable income, and neither it nor its sole director resides in New South Wales. No person standing behind the company is willing to provide security for costs. The points of claim are currently defective and lack merit. As such, it is appropriate and within the Court's discretion to order the applicant to pay security for costs in reduced amounts reflective of party-party costs, and to strike out the points of claim with leave to replead.

Court Disposition

Security for costs ordered against applicant; points of claim struck out with leave to replead.

Orders

  • ["The applicant Reid's Farms Pty Ltd provide security for costs to the first respondent in the amount of $35,000 by 15 October 2009." 'The applicant provide security for costs to the second respondent in the amount of $28,995 by 15 October 2009.' 'Leave granted for the respondents to apply to dismiss the proceedings...