NSW Caselaw
New South Wales Supreme Court
CITATION : Bruce Harvey Enterprises Pty Ltd v Forrest and Anor [2002] NSWSC 962 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20525/01 HEARING DATE(S) : 4 October 2002 JUDGMENT DATE : 17 October 2002
Bruce Harvey Enterprises Pty Ltd PARTIES : Victor Tjakamarra Forrest Henry Denis Kelly JUDGMENT OF : Sperling J at 1
Mr F Donohoe for the Plaintiff COUNSEL : Mr S Goodman for the First Defendant Mr G Curtin for the Second Defendant Carneys Lawyers for the Plaintiff SOLICITORS : Minter Ellison Lawyers for the First Defendant Phillips Fox Lawyers for the Second Defendant CATCHWORDS : Practice & Procedure - application for security of costs - no question of principle LEGISLATION CITED : Corporations Act 2001 (Cth), s1335 Supreme Court Rules 1970, Pt53 r2 Harpur v Ariadne [1984] 2 QdR 523 CASES CITED : Idoport Pty Limited v National Australia Bank Limited & Ors [2002] NSWCA 271 Idoport Pty Limited & Anor v National Australia Bank Limited & Ors (No.35) [2001] NSWSC 744 DECISION : Having noted the undertaking given by Mr Bruce Harvey to the Court to provide, on request, a personal guarantee in favour of the defendants or either of them in relation to any costs awarded against the plaintiff in the cause - 1. Notices of motion filed respectively on 20 August 2002 and 3 September 2002 dismissed; 2. Defendants to pay plaintiff's costs of the notices of motion.
- 6 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Professional Negligence List
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