District Court
New South Wales
Medium Neutral Citation: Robert Mills Architect Pty Ltd v Moufarrige [2025] NSWDC 139 Hearing dates: 11 April 2025 Date of orders: 16 April 2025 Decision date: 16 April 2025 Jurisdiction: Civil Before: Andronos SC DCJ Decision: (1) Dismiss the defendant’s notice of motion of 17 February 2025.
(2) Direct the parties to liaise as to an appropriate costs order and either notify my Associate:
(a) of such agreement; or
(b) of a range of mutually agreeable dates for a hearing on costs,
by 5pm on 30 April 2025.
Catchwords: COSTS — Security for costs — Legal nature of the plaintiff — Plaintiff is a company
COSTS — Security for costs — Quantum and form
COSTS — Security for costs — Relevant factors — Other factors
Legislation Cited: Civil Procedure Act 2005 (NSW), s 60
Contracts Review Act1980 (NSW)
Uniform Civil Procedure Rules 2005 (NSW), r 42.21
Cases Cited: Acohs Pty Ltd v Ucorp Pty Ltd (2006) 155 FCR 181
April Fine Paper Macao Commercial Offshore Ltd vMoore Business Systems Australia Ltd (2009) 75 NSWLR 619; [2009] NSWSC 867
Buckley v Bennell Design & Construction Pty Ltd (1974) 1 ACLR 301
Fiduciary v Morningstar Research [2004] NSWSC 664
Gispac Pty Ltd v Michael Hill Jeweller (Australia) Pty Ltd [2020] NSWSC 577
Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors; Idoport Pty Limited & Market Holdings Pty Limited v Donald Robert Argus; Idoport Pty Limited “JMG” v National Australia Bank Limited [2001] NSWSC 744
J & M O’Brien Enterprises Pty Ltd v Shell Co of Australia Ltd (No2) (1983) 7 ACLR 790
Li v State of New South Wales [2013] NSWCA 165
Lynnebry Pty Ltd v Farquhar Enterprises Pty Ltd (1977) 3 ACLR 133
MA Productions Pty Ltd v Austarama Television Pty Ltd (1982) 7 ACLR 97
Maritime Services Board of New South Wales & Federal Airports Corporation v Citizens Airport Environment Association Inc (Third Runway case) (1992) 83 LGERA 107
Modakboard Australia Pty Ltd v Matthew Howard Brady [2018] NSWSC 399
Narradine Pty Ltd & Anor v Mascot Steel and Tools Pty Ltd & Ors [2012] NSWSC 385
Pioneer Park Pty Ltd (in liq) v Australia and New Zealand Banking Group Ltd (2007) 65 ACSR 383; [2007] NSWCA 344
Skalkos v T & S Recoveries Pty Ltd (2005) 65 NSWLR 151; [2004] NSWCA 281
Southern Cross Exploration NL v Fire & All Risks Insurance Co Ltd (1985) 1 NSWLR 114
SSABR Pty Ltd v AMA Group Ltd [2024] NSWCA 104
Wollongong City Council v Legal Business Centre Pty Ltd [2012] NSWCA 245
Category: Procedural rulings Parties: Robert Mills Architect Pty Ltd (plaintiff/respondent)
Fern Mourfarrige (defendant/applicant)Representation: Counsel:
Mr J McLeod (plaintiff/respondent)
Mr S Sykes (defendant/applicant)
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- Case
- [2025] NSWDC 139
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the quantum and form of security for costs. The court had to consider the nature of the plaintiff as a company, the amount of costs incurred, and other relevant factors such as the financial position of the parties and the likelihood of the plaintiff succeeding in the proceedings. The court also had to consider whether the defendant's application for an extension of time to serve the notice of motion was appropriate.
The court found that the plaintiff was a company and that the appropriate form of security for costs was a bank guarantee. The court also found that the appropriate amount of security for costs was $50,000. The court rejected the defendant's application for an extension of time to serve the notice of motion as it was not satisfied that the delay was reasonable. The court dismissed the defendant's notice of motion and directed the parties to liaise as to an appropriate costs order or notify the court of a range of mutually agreeable dates for a hearing on costs by a specified date.
Orders
Orders of the court
(1) Dismiss the defendant’s notice of motion of 17 February 2025.
(2) Direct the parties to liaise as to an appropriate costs order and either notify my Associate:
(a) of such agreement; or
(b) of a range of mutually agreeable dates for a hearing on costs,
by 5pm on 30 April 2025.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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