Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2002] NSWSC 238

New South Wales Supreme Court

CITATION : Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2002] NSWSC 238 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 3081/97; 1750/02 HEARING DATE(S) : 21, 22 & 26 March 2002 JUDGMENT DATE : 26 March 2002

3081/97 Peter Lawrence Lewis (P) Lamru Pty Ltd (Applicant) Kation Pty Ltd (Respondent) PARTIES : Brian Raymond Silvia (Liquidator) 1750/02 Lamru Pty Limited (P) Kation Pty Limited (D1) Peter Lawrence Lewis (D2) Mark Lewis (D3) JUDGMENT OF : Hamilton J

J T Johnson (Kation P/L & P L Lewis) COUNSEL : S J Motbey (Lamru P/L) P A Somerset, Solicitor (Liquidator) M Wilks, Solicitor (M Lewis) Kemp Strang (Kation P/L & P L Lewis) SOLICITORS : Lyons & Lyons (Lamru P/L) Abbott Tout (Liquidator) Corrs Chambers Westgarth (M Lewis) CATCHWORDS : PROCEDURE [671] - Costs - Security for costs - Practice matters - Order for security by cash deposit or bank guarantee - Application for variation of order to permit guarantee to be given by controller of plaintiff and his wife. CASES CITED : Morris v Hanley [2001] NSWCA 374 DECISION : Registrar's order for security for costs against the plaintiff in favour of the first and second defendants varied so as to permit security to be given by the plaintiff's controller and his wife undertaking to the Court to be responsible for those costs. Order for security for costs in favour of the third defendant in the sum of $50,000.