NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kimberley Developments Pty Ltd v Bale [2024] NSWCA 12 Hearing dates: 30 January 2024 Date of orders: 7 February 2024 Decision date: 07 February 2024 Before: Simpson AJA Decision: The notice of motion is dismissed with costs Catchwords: COSTS – security for costs – application for security for costs pending appeal – UCPR r 51.50 – whether "special circumstances" exist – application dismissed – no issue of principle Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 42.21, 51.50 Cases Cited: Bale v Kimberley Developments Pty Ltd (No 3) [2023] NSWSC 973 Bale v Kimberley Developments Pty Ltd [2022] NSWSC 820 Kimberley Developments Pty Ltd v Bale [2023] NSWCA 25 Category: Procedural rulings Parties: Françoise Bale (Applicant on notice of motion) Kimberley Developments Pty Ltd (Respondent on notice of motion) Albert Darwiche (Respondent on notice of motion) Representation: Counsel: J McEnaney (Applicant on notice of motion; respondent on appeal) N Weinberger (Respondents on notice of motion; appellants on appeal)
Solicitors: SCB Legal (Applicant on notice of motion) Weinberger Lawyers (Respondents on notice of motion) File Number(s): 2023/294430 Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Equity Division Citation: [2023] NSWSC 973 Date of Decision: 18 August 2023 Before: Leeming JA File Number(s): 2018/237019
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