Strata Consolidated v Bradshaw [2000] NSWCA 114

New South Wales Court of Appeal

CITATION : Strata Consolidated v Bradshaw [2000] NSWCA 114 FILE NUMBER(S) : CA 40324/98 29 October 1999 HEARING DATE(S) : 26 November 1999 2 December 1999 JUDGMENT DATE : 5 May 2000

Strata Consolidated (Australia) Pty Limited (1st appellant/opponent) ATA Wholesalers Pty Limited (2nd appellant/opponent) Adtech Corporation (3rd appellant/opponent) Edward John Bradshaw (1st repondent/claimant) Takello Pty Limited (2nd respondent/claimant) Ian Ronald Ney (3rd respondent/claimant) Tartandi Pty Limited (4th respondent/claimant) Procus Australia Pty Limited (5th respondent/claimant) PARTIES : Procus West Pty Limited (6th respondent/claimant) Selmet Pty Limited (7th respondent/claimant) Sipro Pty Limited (8th respondent/claimant) Siska Pty Limited (9th respondent/claimant) Patrick Maguire (10th respondent/claimant) Warren Binney (11th respondent/claimant) Ross Patterson (12th respondent/claimant) John Shanahan (13th respondent/claimant) So Your Self A Favour Co Pty Limited (14th respondent/claimant) JUDGMENT OF : Registrar Jupp

LOWER COURT JURISDICTION : Supreme Court LOWER COURT 50304/94 FILE NUMBER(S) : LOWER COURT Hunter J JUDICIAL OFFICER :

Mr P McEwen SC for 1st & 2nd respondents/claimants COUNSEL : Mr P Gray for 3rd to 14th respondents/claimants Mr PM Biscoe QC with Mr SJ Motbey for the appellant/repondents Brook Worthington (1st & 2nd respondents/claimants) SOLICITORS : Stephen Blanks & Associates (3rd to 14th respondents/claimants) J Biady & Associates (appellants/opponents) CATCHWORDS : Security for Costs - Entitlement to an order for security for costs in the Court of Appeal in repect of costs incurred in Court below LEGISLATION CITED : Supreme Court Rules Part 51 rule 16, Part 53 Corporations Law - section 1335 Uptown Sydney Development Corporation Pty Ltd V BNZ (1993)11 ACLC 862 CASES CITED: Chris Poulson Insurance Agencies Pty Ltd v National Mutual Life Association (Sup Ct of Tasmania unreported) Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR DECISION : Security for costs of the appeal ordered - $90,000 in respect of the costs of the 1st & 2nd respondents; $55,000 in respect of the costs of the 3rd to 14th respondents; appeal stayed till security provided; 80% of the costs of 1st & 2nd respondents motion to be their costs in the appeal; 50% of the costs of the 3rd to 14th respondents motion to be their costs in the appeal; Listed for call-over 7 June 2000.'