Consider a fact scenario:

Louise Lim and Ben Brown live in the streets which runs parallel to each other in Glebe. Ben's home backs on to Louise's home. Ben is builder and he began doing structural work to his home including using heavy machinery to dig a large hole about 5 metres wide and 2 metres deep. He is creating a sunken garden, water catchment and fishpond. During the course of Ben's construction, Sydney experiences 4 weeks of very heavy rain and cyclonic winds. One day Louise hears some weird cracking sounds and goes outside. She looks at the back of her house and observes a large long crack across the back wall of the house and the guttering coming loose from the eaves. She telephones Ben and he does not pick up. She is worried so she immediately files proceedings in the Local Court as she needs to get an order that Ben pay for the repair of the damage to her home due to Ben's construction work. She claims $100,000 as the amount due to her. Ben is served with the originating process. He is furious. Ben dislikes Louise as he thinks that she is a busy body. He also thinks she has no cash as she does not work. Ben says that if the case went to trial and he won then Louise would not be able to pay him as she had an acrimonious breakup with her husband (Phil, Ben's good mate) in the last year and Louise had to pay Phil a lot of cash.

Advise Ben:

a) What can Ben do to ensure that Louise will pay up on any court order if Ben wins?

b) What court rules apply?

c) What will Ben have to file in the court to get what he seeks? Will he has to notify anyone?

d) What elements will Ben have to prove to the court to get what he seeks?

e) What facts will Ben rely on?

f) What evidence will Ben need to collate and file?

g) What is the purpose of security for costs?

h) Can a plaintiff get security for costs against a defendant?

i) What conditions are necessary for an application for summary judgment to be made by the plaintiff in the Supreme Court of NSW? Identify the relevant legislative provisions.