Lesvos Pty Ltd v Penrith Whitewater Stadium Ltd

Lesvos Pty Ltd was the plaintiff in an action against Penrith Whitewater Stadium Ltd, the defendant, seeking damages for loss and injury sustained during a visit to the Penrith Whitewater Stadium. The defendant, Penrith Whitewater Stadium Ltd, sought an order for security for costs on the basis that the plaintiff had delayed in bringing the application. The matter was heard in the Supreme Court of New South Wales. The court had to decide whether the delay in bringing the application for security for costs justified a refusal of the application, and if so, whether the delay was sufficiently serious to warrant an adverse inference being drawn against the plaintiff.

The court found that there was a delay in bringing the application for security for costs and that the delay was significant. The plaintiff had delayed in bringing the application for over a year despite being aware of the need for security for costs. The court found that the delay was not justified and that the delay was sufficiently serious to warrant an adverse inference being drawn against the plaintiff. The court held that the delay in bringing the application for security for costs was a factor that could be taken into account in determining whether to grant the application. The court found that the delay was a significant factor that weighed against granting the application. The court held that the delay was sufficiently serious to warrant an adverse inference being drawn against the plaintiff.

The court refused the application for security for costs. The court held that the delay in bringing the application was a significant factor that weighed against granting the application. The court found that the delay was sufficiently serious to warrant an adverse inference being drawn against the plaintiff. The court held that the adverse inference drawn against the plaintiff was sufficient to outweigh any other factors that may have supported the grant of the application for security for costs. The court made no order as to costs.