NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Tomic v Parker [2021] NSWSC 523 Hearing dates: 28 May 2020 Decision date: 17 May 2021 Jurisdiction: Common Law Before: Ierace J Decision: (1) Dismiss the proceedings pursuant to r 42.21(3) of the Uniform Civil Procedure Rules 2005 (NSW); (2) The plaintiffs to pay the defendant's costs of and incidental to the proceedings, including reserved costs; (3) The plaintiffs to pay the defendant's costs of and incidental to the defendant's notice of motion filed 12 February 2020. Catchwords: CIVIL PROCEDURE – Failure to pay security for costs – Application for dismissal of proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58, 61 Uniform Civil Procedure Rules 2005 (NSW), r 42.21 Cases Cited: Greywolf Resources NL v Wilkinson [2011] NSWSC 1604 Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 Idoport Pty Limited v National Australia Bank Limited [2002] NSWSC 18 Porter v Gordian Runoff Ltd (No 3) [2005] NSWCA 377 Category: Principal judgment Parties: Snezana Kures Tomic (First Plaintiff) Zlata Kures (Second Plaintiff) Brenda Ivetic (As Executor of the Estate of the Late Peter Ivetic) (Third Plaintiff) Lindsay Graham Parker (Defendant) Representation: Counsel: J Loxton (Plaintiffs) A Zahra (Defendant)
Solicitors: Slattery Thompson (Plaintiffs) Sparke Helmore Lawyers (Defendant) File Number(s): 2017/258039
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