Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey and the persons listed in Schedule A to this Statement of Claim trading as at all material times Sparke Helmore (No 6) [2021] NSWSC 1597

Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey and the persons listed in Schedule A to this Statement of Claim trading as at all material times Sparke Helmore (No 6) [2021] NSWSC 1597

The Court was not satisfied, on quantum or complexity/novelty, that commencement and continuation of proceedings in the Supreme Court, as opposed to the District Court, was warranted. Accordingly, pursuant to UCPR r 42.34, no order as to costs was made despite the plaintiff's success, and security for costs was not released because costs orders in the defendants' favour remained unquantified and unpaid.

Parties
Plaintiff: Shoal Bay Beach Constructions No. 1 Pty Ltd; Defendants: Mark Hickey and the persons listed in Schedule A to this Statement of Claim trading as at all material times Sparke Helmore
Jurisdiction
Australia
Judgment Date
09 December 2021
Procedural Posture
Civil / Post Judgment Cost Application
Outcome
No order as to costs; Security for costs not released.
Legal Topics
Security for Costs, Jurisdictional Limit, Choice of Court, Release of Security, Costs Orders
Costs Security for Costs Jurisdictional Limit Choice of Court Release of Security Costs Orders

Case Brief

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Parties

Shoal Bay Beach Constructions No. 1 Pty Ltd

Plaintiff

Mark Hickey and the persons listed in Schedule A to this Statement of Claim trading as at all material times Sparke Helmore

Defendants

Procedural Posture

Civil / Post Judgment Cost Application

Legal Issues

  1. 1 Whether order for costs ought be made given proceedings could have been brought in the District Court
  2. 2 Whether security for costs ought be released

Ratio Decidendi

The Court was not satisfied, on quantum or complexity/novelty, that commencement and continuation of proceedings in the Supreme Court, as opposed to the District Court, was warranted. Accordingly, pursuant to UCPR r 42.34, no order as to costs was made despite the plaintiff's success, and security for costs was not released because costs orders in the defendants' favour remained unquantified and unpaid.

Court Disposition

No order as to costs; Security for costs not released.

Orders

  • Note that, as an application for a different order was made within time, the order for costs in order (3) made on 19 November 2021 does not come into effect
  • Order that there be no order as to the costs of the proceedings