The Council of the City of Sydney v Goldspar Australia Pty Limited [2004] FCA 1023

The Council of the City of Sydney v Goldspar Australia Pty Limited [2004] FCA 1023

The quantum fixed for security for costs should be sufficient to cover reasonable costs of preparing the case for trial, not including the trial itself; $100,000 is appropriate at this stage based on the evidence and circumstances.

Parties
Applicant (cross Respondent): The Council of the City of Sydney; First Respondent (cross Claimant): Goldspar Australia Pty Limited (ACN 002 705 991); Second Respondent: Douglas Rawson-Harris
Jurisdiction
Australia
Judgment Date
19 July 2004
Procedural Posture
Civil / Application for Security for Costs During Trial
Outcome
Security for costs ordered; amount set at $100,000.
Legal Topics
Security for Costs, Quantum of Costs, Cross Claims
Civil Procedure Security for Costs Quantum of Costs Cross Claims

Case Brief

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Parties

The Council of the City of Sydney

Applicant (cross Respondent)

Goldspar Australia Pty Limited (ACN 002 705 991)

First Respondent (cross Claimant)

Douglas Rawson-Harris

Second Respondent

Procedural Posture

Civil / Application for Security for Costs During Trial

Legal Issues

  1. 1 What should be the quantum of security for costs to be ordered for the cross-respondent in respect of the cross-claim?

Ratio Decidendi

The quantum fixed for security for costs should be sufficient to cover reasonable costs of preparing the case for trial, not including the trial itself; $100,000 is appropriate at this stage based on the evidence and circumstances.

Court Disposition

Security for costs ordered; amount set at $100,000.

Orders

  • On or before 2 August 2004 the cross-respondent lodge security for costs in the amount of $100,000 by way of bank guarantee issued by an Australian trading bank or cash deposit in a form agreed or as determined by the Deputy Registrar.
  • Costs of this motion are reserved.