NSW Caselaw
Industrial Court of New South Wales
CITATION: Sharbine v Harkham and another [2007] NSWIRComm 177
Applicant: Samuel Sharbine
PARTIES: First respondent Benjamin Harkham
Second respondent J Hillyard Pty Ltd (formerly Aussie Sweets Pty Ltd, formerly Aussie Sweets & Chocolates Pty Limited)
FILE NUMBER(S): IRC 7035 of 2003
CORAM: Backman J
CATCHWORDS: Practice and procedure - application for security for costs by respondents - jurisdiction - general principles - applicant resident in United Arab Emirates - whether applicant unable to meet a costs order - whether applicant has an arguable case in s 106 proceedings - weight to be attributed to applicant's overseas residence and lack of assets within New South Wales - whether there is a relationship between the applicant's current financial situation and the subject matter of the s 106 application - whether applicant would be stifled or "shut out" from pursuing his claim under s 106 if the respondents' application was granted - the proximity of the respondents' application to the date of the hearing of the substantive proceedings - whether if respondents' application granted and applicant unable to meet costs order he will be prejudiced on the ground that the respondents' claim against the applicant in a related s 106 application will proceed - quantum of costs - respondents' application for security granted - orders.
LEGISLATION CITED: Foreign Judgments Act 1991 (Cth) Industrial Relations Act 1996
Connop v Varena Pty Ltd [1984] 1 NSWLR 71 Energy Drilling Inc v Petrox NL (1989) ATPR 40-954 Great Scott International Pty Ltd v Cosmetic Suppliers Pty Ltd and Another [2005] NSWIRComm 133 Innovare Displays plc v Corporate Services Ltd [1991] BCC 174 Kenoss Contractors Pty Limited v Allied Constructions Pty Limited (No 2) (2001) 104 IR 218 CASES CITED: Kent Heating Ltd v Cook on Gas Products Pty Ltd and Another (1984) 59 ALR 277 Knott v Signature Security Group Pty Limited (2001) 104 IR 84 Matiukevitch v AG&S Building Systems Pty Ltd [2007] NSWIRComm 174 Re Town and Country Sport Resorts (Holdings) Pty Ltd & ors (unreported Federal Court, 19 July 1991) Shannon v Australian New Zealand Banking Group Ltd (No 2) [1994] 2 Qd R 563 Williamson v Service Corporation International (Australia) Pty Limited (2003) 130 IR 247 Yandil Holdings Pty Ltd v Insurance Co. of North America & Ors (1985) 3 ACLC 542
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