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. The appeals will be case managed by a single Judge and nine days commencing 13 June, 1995 have been set aside for the hearing of the appeals. In each case the Court will also order that further proceedings for the assessment of damages pursuant to paral of the orders of 11 November, 1994 in the case of ICT Pty Ltd and Ors and order 1(c) of the orders in the case of Buquebus International Ltd & Anor are stayed pending the determination of this appeal or the further order of the Court.