In the matter of ACN 151 726 224 Pty Ltd [2016] NSWSC 1063

In the matter of ACN 151 726 224 Pty Ltd [2016] NSWSC 1063

The plaintiff, being ordinarily resident outside Australia and lacking evidence of accessible assets, has not established countervailing factors such as enforceability or risk of stifling proceedings; therefore, security for costs is ordered in favour of the defendants.

Source-derived case information.

Parties
Plaintiff: VMA Companies LLC (trading as Corbis Global); Defendant: Robert William Whitton; Defendant: Brendan James Copeland
Jurisdiction
Australia
Judgment Date
02 August 2016
Procedural Posture
Originating Process, Interlocutory Application / Interlocutory Order for Security for Costs
Outcome
Security for costs ordered; proceedings stayed if security not provided; costs of interlocutory process awarded to defendants; liberty to apply for re-listing.
Legal Topics
Procedure, Costs, Security for Costs
Equity Procedure Costs Security for Costs

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Parties

VMA Companies LLC (trading as Corbis Global)

Plaintiff

Robert William Whitton

Defendant

Brendan James Copeland

Defendant

Procedural Posture

Originating Process, Interlocutory Application / Interlocutory Order for Security for Costs

Legal Issues

  1. 1 Should the plaintiff, ordinarily resident outside Australia, be ordered to provide security for costs under Rule 42.21(1)(a) of the Uniform Civil Procedure Rules 2005 (NSW)?
  2. 2 Quantum of appropriate security for costs

Ratio Decidendi

The plaintiff, being ordinarily resident outside Australia and lacking evidence of accessible assets, has not established countervailing factors such as enforceability or risk of stifling proceedings; therefore, security for costs is ordered in favour of the defendants.

Court Disposition

Security for costs ordered; proceedings stayed if security not provided; costs of interlocutory process awarded to defendants; liberty to apply for re-listing.

Orders

  • The plaintiff provide security for the defendants' costs of the proceedings in the sum of $45,000 by way of payment into court or bank guarantee.
  • If such security is not provided within 28 days, the proceedings be stayed until further order.