H & M Constructions (NSW) Pty Ltd v Golden Rain Development Pty Ltd (No 3)

H & M Constructions (NSW) Pty Ltd sued Golden Rain Development Pty Ltd over alleged breaches of contract. The case was before the Supreme Court of New South Wales, which was required to decide on an application for security for costs. Specifically, the court needed to determine the quantum of further security to be granted by Golden Rain Development to H & M Constructions, considering that the latter had already obtained security for past costs on the basis of an estimate. However, the actual discovery costs were higher than initially anticipated.

The court held that where a party had already provided security for past costs on the basis of an estimate, and the actual costs were higher than expected, the court had the discretion to order the party to provide further security. The court also noted that it was not appropriate to order the party to pay additional costs for past costs that had already been covered by the initial security. Instead, the court should focus on ensuring that the party provides adequate security for future costs.

In conclusion, the court ordered Golden Rain Development to provide further security for future costs but did not order it to pay additional amounts for past costs that had already been covered by the initial security. The court's decision was based on its discretion to ensure that adequate security was provided for future costs while avoiding double payment for past costs. No further orders were made by the court.