Maples v Hughes [2002] NSWSC 617

New South Wales Supreme Court

CITATION : Maples v Hughes [2002] NSWSC 617 CURRENT JURISDICTION: Common Law Division Professional Negligence List FILE NUMBER(S) : SC 20116/00 HEARING DATE(S) : 5 July 2002 JUDGMENT DATE : 11 July 2002

Bruce John Maples (1st Plaintiff) PARTIES : Novarest Pty Limited (2nd Plaintiff) Colin Frederick Hughes (Defendant) JUDGMENT OF : Studdert J

COUNSEL : Mr J.B. Whittle SC (Plaintiffs) Ms M.L. Sneddon (Defendant) SOLICITORS : Edward T. Davis & Co. (Plaintiffs) Riley Gray-Spencer (Defendant) LEGISLATION CITED : Corporations Law Southern Cross Exploration NL v Fire & All Risks Insurance Co. Limited (1985) 1 NSWLR 114 CASES CITED : John Bishop (Caterers) Limited & Anor v National Union Bank Limited & Ors Harpur & Ors v Ariadne Australia Ltd & Ors DECISION : See para 23

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROFESSIONAL NEGLIGENCE list

STUDDERT J

Thursday 11 July 2002

20116/00 BRUCE JOHN MAPLES & ANOR v COLIN FREDERICK HUGHES

JUDGMENT 1 HIS HONOUR: By amended notice of motion filed on 3 May 2002, the defendant, Colin Frederick Hughes, sought orders as follows: "1. The statement of claim pursued by the second plaintiff be struck out for want of prosecution.

2. The second plaintiff pay the defendant's costs of this motion and the proceedings.

3. Further and in the alternative, the second plaintiff provide security for costs in the sum of $30,000 or other such amount required to be given to the satisfaction of the Registrar within twenty eight (28) days pursuant to Part 40 Rule (1) Sub-Rule (2)(a), (c) and Sub-Rule (4).