Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors; Idoport Pty Limited & Anor v Donald Robert Argus; Idoport Pty Limited ("JMG") v National Australia Bank Limited [36] [2001] NSWSC 837

New South Wales Supreme Court

CITATION : Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors; Idoport Pty Limited & Anor v Donald Robert Argus; Idoport Pty Limited ("JMG") v National Australia Bank Limited [36] [2001] NSWSC 837 FILE NUMBER(S) : SC 50113/98; 50026/99; 3991/00 HEARING DATE(S) : 19/09/01 JUDGMENT DATE : 20 September 2001

Idoport Pty Limited (Plaintiff) PARTIES : Market Holdings Pty Limited (Plaintiff) National Australia Bank Limited (Defendant) Donald Robert Argus (Defendant) JUDGMENT OF : Einstein J

COUNSEL : Mr Dicker, Mr Alkadamani (Plaintiffs) Mr A Bell (Defendants) SOLICITORS : Withnell Hetherington (Plaintiffs) Freehills (Defendants) CATCHWORDS : Practice and procedure - Security for costs - Guillotine Orders CASES CITED : Oshlack v Richmond River Council (1998) 193 CLR 72 DECISION : Short minutes of order to be brought in providing for automatic ('Guillotine') stay orders if security for costs not complied with to the letter.

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION - COMMERCIAL LIST

EINSTEIN J

Thursday 20 September 2001 ex tempore Revised Friday 25 September 2001

50113/98 IDOPORT PTY LIMITED & ANOR v NATIONAL AUSTRALIA BANK LIMITED & 8 ORS

50026/99 IDOPORT PTY LIMITED & ANOR v DONALD ROBERT ARGUS

3991/00 IDOPORT PTY LIMITED "JMG" v NATIONAL AUSTRALIA BANK LIMITED & 8 ORS

JUDGMENT 1 Judgment was delivered in relation to the security for costs applications on 13 September 2001. Leave was reserved to either party to address submissions on any matter relating to quantum which it was suggested had not yet been dealt with or which may require clarification in terms of detail. A limited number of issues have been raised which require determination in that general sense. One of those issues dealt with the question of a stay of proceedings, and the purpose of this judgment is to deal with that topic only.