Braams & 2 Ors v Hunters Beach Investments Pty Limited [2002] NSWCA 166

New South Wales Court of Appeal

CITATION : Braams & 2 Ors v Hunters Beach Investments Pty Limited [2002] NSWCA 166 FILE NUMBER(S) : CA 40605/01 HEARING DATE(S) : 29/05/02 JUDGMENT DATE : 29 May 2002

PARTIES : Garry Arnold Braams & 2 Ors v Hunters Beach Investments Pty Limited JUDGMENT OF : Ipp AJA at 1

LOWER COURT JURISDICTION : Supreme Court - Court of Appeal LOWER COURT 40605/01 FILE NUMBER(S) : LOWER COURT Registrar Irwin JUDICIAL OFFICER :

COUNSEL : R K Eassie (Applicants 2 & 3) T G R Parker (Respondent) SOLICITORS : Etheringtons (Applicants 2 & 3) Shanahan Tudhope (Respondent) CATCHWORDS : SECURITY FOR COSTS - application for review of Registrar's orders - whether security for costs should be increased - whether applicants were prejudiced by unnecessary delay on the part of the respondent in applying for additional security - principles - onus of proof - no evidence to support prejudice - application for review dismissed. ND Buckley v Benal Design and Constructions Pty Limited (1974) 1 ACLR 301 CASES CITED: Loreva Pty Limited v CEFA Associated Agencies Pty Limited (1982) 7 ACLR 164 QBE Workers Compensation NSW Pty Limited v The Sports Pit Pty Limited (unreported, Supreme Court NSW, 12 October 1995) DECISION : (1) Application for review is dismissed with costs (2) The security of $25,000 is to be paid by the applicants, by 12 noon on 11 June 2002 (3) The respondent has leave to raise the issue of costs thrown away before Handley JA on 12 June 2002 (4) The respondent has leave to file its application for further security for costs, this application to be heard by the registrar after 12 June 2002