LAWN CHIEF PTY LTD v JORDY HOLDINGS PTY LTD [1990] NSWCA 114

LAWN CHIEF PTY LTD v JORDY HOLDINGS PTY LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY JA 9 April 1990

[1990] NSWCA 114

Mahoney JA This is an application seeking the repayment to the appellant of anamount of $7,000 paid into court by way of security for costs of an appeal, pursuant to an order made by his Honour Judge Mitchelmore in the District Court. The evidence discloses that the amount was, pursuant to his Honour's order, paid into the Supreme Court. The appeal succeeded and, on the face of it, the appellant is entitled to have the security for costs repaid to it. There has been no appearance for the respondent. I am informed and I accept that the respondent is aware of the application but does not appear to contest it.

In the circumstances, the appropriate order is that sought in the Notice of Motion. I make orders as in pars 1, 2 and 3 of the Notice of Motion.