ICT PTY LTD v SEA CONTAINERS LTD; BUQUEBUS INTERNATIONAL LTD v SEA CONTAINERS LTD [1994] NSWCA 147

ICT PTY LTD v SEA CONTAINERS LTD BUQUEBUS INTERNATIONAL LTD v SEA CONTAINERS LTD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY, SHELLER and POWELL JJA 6 December 1994

[1994] NSWCA 147

Handley JA In these matters the Court will grant leave to appeal. It declines to make any Mareva-type orders against the claimants in the first summons, but this is without prejudice to any application which the opponent might be advised to make to a judge in the Commercial Division.

It grants leave to Sea Containers to cross-appeal. The Court also orders that upon assessment of the costs of Sea Containers in the court below the first, second, third, fourth, fifth and sixth claimants shall provide security for such costs, plus interest in such amount and form as may be agreed, or in default of agreement, as determined by the Registrar. Upon such security being provided, execution on order 2 of the orders of 11 November, 1994 shall be stayed until the determination of the appeal or the further order of this Court.

The Court declines to make any Mareva-type order against Buquebus or Mr Mena, but this is without prejudice to any application which the opponent may be advised to make to a judge of the Commercial Division.

The Court orders that upon the assessment of the costs of Sea Containers in the court below awarded against Buquebus that claimant shall provide security for such costs, plus interest in such amount and form as may be agreed, or in default of agreement, as determined by the Registrar. Upon such security being provided, execution on order 4 of the orders of 11 November 1994 shall be stayed until the determination of the appeal or the further order of this Court.

In each case the costs of the summons will be costs in the appeal.

The notices of appeal and notices of cross-appeal to be filed and served within seven days.