Sanirise Pty Ltd v Darling Harbourside (Sydney) Pty Ltd [1995] FCA 1108

Sanirise Pty Ltd v Darling Harbourside (Sydney) Pty Ltd [1995] FCA 1108

The offer of written personal indemnities by Sanirise's directors, together with cash security supported by the creditors, constituted significant new circumstances warranting variation of the earlier security for costs order. Separate hearings would not serve the interests of justice because they would likely increase cost, duplicate preparation, delay resolution, and were complicated by the cross claim. Leave to file additional evidence was refused because no compelling reason or relevant unforeseen circumstance was shown after earlier orders closing the applicant's evidence.

Jurisdiction
Australia
Judgment Date
15 December 1995
Procedural Posture
Notice of Motion Seeking Variation of Security for Costs Order, Separate Hearings, and Leave to File Further Evidence / Interlocutory Motion
Outcome
Applicant's notice of motion allowed in part; earlier security order vacated and replaced; other aspects of the motion dismissed.
Legal Topics
['variation of Security for Costs' 'personal Indemnities' 'cash Security' 'separate Hearings of Issues' 'filing Additional Evidence' 'section 52 Trade Practices Act Claim']
['practice and Procedure' 'security for Costs' 'trade Practices' 'leases'] ['variation of Security for Costs' 'personal Indemnities' 'cash Security' 'separate Hearings of Issues' 'filing Additional Evidence' 'section 52 Trade Practices Act Claim']

Case Brief

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Procedural Posture

Notice of Motion Seeking Variation of Security for Costs Order, Separate Hearings, and Leave to File Further Evidence / Interlocutory Motion

Legal Issues

  1. 1 ['Whether the earlier order requiring Sanirise to provide $100,000 security for costs should be varied.' 'Whether liability and damages should be heard separately.' 'Whether the alleged overpayment of outgoings should be heard separately.' 'Whether Sanirise should be granted leave to file additional evidence.']

Ratio Decidendi

The offer of written personal indemnities by Sanirise's directors, together with cash security supported by the creditors, constituted significant new circumstances warranting variation of the earlier security for costs order. Separate hearings would not serve the interests of justice because they would likely increase cost, duplicate preparation, delay resolution, and were complicated by the cross claim. Leave to file additional evidence was refused because no compelling reason or relevant unforeseen circumstance was shown after earlier orders closing the applicant's evidence.

Court Disposition

Applicant's notice of motion allowed in part; earlier security order vacated and replaced; other aspects of the motion dismissed.

Orders

  • ["The applicant's notice of motion of 29 May 1995 be allowed in part." 'The orders of Justice Davies of 14 December 1994 be vacated.' 'The applicant provide security for costs of the respondent in the sum of $40,000 of which $20,000 is payable on or before 15 January 1996, the remainder one month prior to the...