Go Gecko (Franchise) Pty Ltd v Plyable Pty Ltd

The case of Go Gecko (Franchise) Pty Ltd v Plyable Pty Ltd involved a dispute between two companies, Go Gecko and Plyable, over alleged breaches of a franchise agreement. The case was heard in the Supreme Court of New South Wales. The defendants, Plyable, sought security for costs to protect against the risk of being ordered to pay the plaintiff's costs if they lost the case. In response, the plaintiff, Go Gecko, sought indemnity costs to compensate them for costs incurred due to the defendants' late amendments to their defence and counterclaim.

The court had to decide two main legal issues. The first was whether the defendants should be ordered to provide security for costs. The second was whether indemnity costs should be awarded to the plaintiff due to the defendants' late amendments to their defence and counterclaim. In addressing these issues, the court considered the financial circumstances of the defendants and the effect of the late amendments on the plaintiff's costs.

The court held that the defendants should provide security for costs due to their limited financial resources. However, the court did not award indemnity costs to the plaintiff as the late amendments did not significantly increase the plaintiff's costs. Instead, the court ordered the defendants to pay the plaintiff's costs of their application filed on 29 June 2017, to be assessed on the standard basis. The court also indicated that it would hear the parties on appropriate directions to give effect to these reasons for judgment in relation to the defendants' application filed on 19 June 2017.