Coral Sea Studios Pty Ltd v. Hartwig

[2007] QSC 247

[2007] QSC 247

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Claim No 4977 of 2005

CORAL SEA STUDIOS PTY LTD	Plaintiff
and
PHILLIP JOHN HARTWIG	Defendant

CAIRNS

..DATE 03/08/2007

JUDGMENT

HIS HONOUR: This is an application pursuant to rule 674 of the Uniform Civil Procedure Rules for the striking out of these proceedings, instituted by the plaintiff company on the 29th of June 2005.

The defendant now applies for the striking out on the basis of the company's failure to comply with an order to provide security for costs made by the Chief Justice De Jersey on 5 October 2006.  That order required the compliance with its terms within a reasonable time.

Since the making of the order the defendant has extended the time within which to provide security for costs on at least three occasions, but despite these extensions, the plaintiff continues to fail to comply with the order.

In these circumstances, it seems to me appropriate that the plaintiff's proceedings be struck out and that the plaintiff in those circumstances should pay to the defendant his costs of and incidental to the proceedings, to be assessed on the standard basis.

-----