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[2005] VSC 19
Supreme Court of Victoria
2005-02-18
BYRNE, J
Original judgment source is linked above.
Practice and procedure - security for costs - amount of security.
2 I have received affidavits filed on behalf of the contending parties and their written submissions. In making the assessment in each case I apply the following principles:
(1) My task is not to undertake anything in the nature of a taxation of the suggested bills; it is to fix an amount which fairly achieves the objective of Rule 62.02 and s. 1335 of the Corporations Act.
(2) It is accepted that the security is not intended to indemnify the defendant in question with respect of all of its party and party costs. I will therefore give an overall discount of 20% as suggested by the Spotless parties.
(3) I do not include the costs of interlocutory applications where costs have been ordered to be paid in those applications.
(4) I do not include the costs of the security application itself. These will be dealt with as part of the order in the security application.
(5) I will not allow to a defendant the costs of proceeding between it and another defendant or between it and a third party.
(6) Notwithstanding the preceding paragraph, I will allow costs of discovery from other defendants because this will, in this case, assist the defendant in the conduct of its own case.
(7) I will allow transcript of directions hearings having regard to the provisions of Practice Note 3 of 2004.
(8) I will allow for preparation of a data base set of documents as it is desirable that this be done at the earliest stage for the benefit of the trial for all parties[1].
(9) I am not concerned with costs which may yet be incurred. Accordingly, I will not allow costs of proposed interrogatories or those brought about by the expected production of documents pursuant to the Spotless subpoenas.
Premier Building & Consulting Pty Ltd
Spotless Group Limted