Construction Management Group Pty Ltd v Freeman & Ors

Supreme Court of NSW|2003-08-01|Before: Studdert J

The application of the first, second and third defendants 24 1. I order that the plaintiff provide security for the costs of the first, second and third defendants in the proceedings in the sum of $125,000; such security is to be in such form as the parties may agree, or in default of agreement, in such form as shall be fixed by a master.

I grant liberty to the first, second and third defendants to apply for further security for costs should it become appropriate prior to the hearing, upon further evidence available at the time of making any further application.

I grant liberty to the plaintiff and to the defendants to apply on seven days notice in relation to any matter in connection with security for costs in the cause.

I order that the plaintiff pay the costs of this application.

I order that the plaintiff provide security for the costs of the fourth defendant in the proceedings in the sum of $45,000; such security is to be in such form as the parties may agree, or in default of agreement, in such form as shall be fixed by a master.

I grant liberty to the fourth defendant to apply for further security for costs should it become appropriate prior to the hearing, upon further evidence available at the time of making any further application.

I grant liberty to the plaintiff and to the fourth defendant to apply on seven days notice in relation to any matter in connection with security for costs in this cause.

I order the plaintiff to pay the costs of this application. **********

Last Modified: 08/11/2003 DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

CITATION : Construction Management Group Pty Ltd v Freeman & Ors [2003] NSWSC 712 HEARING DATE(S) : 1 August 2003 JUDGMENT DATE : 6 August 2003

CATCHWORDS : Security for costs - reason for belief as to inability of plaintiff company to pay costs if ordered to do so - consideration of discretionary issues - exercise of discretion. LEGISLATION CITED : Supreme Court Rules, Pt 53.2(1) Corporations Act, s 1335 Harpur v Ariadne Australia Pty Limited (1984) 2 Qd R 523 CASES CITED : Parle Foods v McClunie Birch [2003] NSWSC 180 Yandil Holdings Pty Limited v Insurance Co. of North America & Ors (1985) 3 ACLC 542 Construction Management Group Pty Limited (Plaintiff) Steven Martin Freeman (1st Defendant) PARTIES : Francesco Leonardo Andreone (2nd Defendant) William James Madden (3rd Defendant) Gary M. Colman (4th Defendant) FILE NUMBER(S) : SC 20354/01 R.G. Kaye (Plaintiff) COUNSEL : S.A. Kerr (1st-3rd Defendants) K. Sant (4th Defendant) JAMES Legal Pty Limited (Plaintiff) SOLICITORS : Phillips Fox (1st-3rd Defendants) McCabe Terrill Lawyers (4th Defendant)

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