H & M Constructions (NSW) Pty Ltd v Golden Rain Development Pty Ltd (No 2) [2021] NSWSC 1475

H & M Constructions (NSW) Pty Ltd v Golden Rain Development Pty Ltd (No 2) [2021] NSWSC 1475

Further security for costs of $150,000 is appropriate on a broad-brush approach for costs up to proceedings being set down for trial, but not for anticipated privilege application costs at this stage.

Parties
Plaintiff/respondent: H & M Constructions (NSW) Pty Ltd; Defendant/applicant: Golden Rain Development Pty Ltd
Jurisdiction
Australia
Judgment Date
16 November 2021
Procedural Posture
Security for Costs Application / Post Mediation, Further Security Sought Pre Trial
Outcome
Further security for costs ordered
Legal Topics
Security for Costs, Costs, Construction Contract
Equity Technology and Construction Security for Costs Costs Construction Contract

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Parties

H & M Constructions (NSW) Pty Ltd

Plaintiff/respondent

Golden Rain Development Pty Ltd

Defendant/applicant

Procedural Posture

Security for Costs Application / Post Mediation, Further Security Sought Pre Trial

Legal Issues

  1. 1 Whether further security for costs should be ordered for the defendant up to and including the date the proceedings are set down for trial
  2. 2 Whether security should be ordered in relation to a foreshadowed application under s 192A of the Evidence Act 1995 (NSW)

Ratio Decidendi

Further security for costs of $150,000 is appropriate on a broad-brush approach for costs up to proceedings being set down for trial, but not for anticipated privilege application costs at this stage.

Court Disposition

Further security for costs ordered

Orders

  • The plaintiff is to provide further security in the sum of $150,000 for the defendant's costs up to and including the date the proceedings are set down for trial.
  • The defendant has liberty to apply for further security in relation to any application it makes under s 192A of the Evidence Act 1995 (NSW), in the event of a costs order in its favour.