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 [52] [2002] NSWSC 18

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 [52] [2002] NSWSC 18 FILE NUMBER(S) : SC 50113/98; 50026/99; 3991/00 HEARING DATE(S) : 29/01/02 JUDGMENT DATE : 29 January 2002

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

COUNSEL : Mr GA Newton Mr T Bathurst QC, Mr J Sackar QC, Dr A Bell, (Defendants) SOLICITORS : Freehills (Defendants) CATCHWORDS : Practice and procedure - Discretion to adjourn proceedings - Failure to comply with orders to provide security for costs - Principles - Application for dismissal of proceedings following automatic stay of proceedings operative when security for costs not provided Federal Court Act LEGISLATION CITED : Supreme Court Rules Trade Practices Act 1974 (Cth) Anstee v. Jennings (1935) VLR 144 Asian Investments Corporation Ltd v Symons (unreported) NSW Supreme Court, 10 April 1996 Billinudgel Pastoral Co Pty Ltd v Westpac Banking Corporation [1998] 278 FCA Cilli v. Abbott (1981) 53 FLR 108 Kelly v. Noumenon Pty Ltd (1988) 47 SASR 182 CASES CITED : Ketterman v Hansel Properties Ltd [1987] AC 189 Latoudis v Casey (1990) 170 CLR 534 Oshlack v Richmond River Council (1998) 193 CLR 72 Pacific Acceptance Corporation Ltd v Forsyth (No. 2) [1967] 2 NSWR 402 Queensland v J. L. Holdings Pty Ltd at 154 Sali v SPC Ltd (1993) 67 ALJR 841 State Pollution Control Commission v Australian Iron and Steel Pty Ltd (1992) 29 NSWLR 487 DECISION : Application for an adjournment dismissed. In proceedings No. 50113/98. Upon the first and second defendants by their counsel undertaking to the Court, subject to any application under Part 32A, or any successful appeal against the dismissal of the proceedings, or any application by any party for dismissal for want of prosecution, not to prosecute the Cross-Claim unless fresh proceedings are brought concerning any cause of action or the whole or any part of any claim for relief by any of them in these proceedings: The Court orders: 1. That the Plaintiff's Amended Summons and Fourth Further Amended Statement of Claim, and the Second Cross-Claim, be dismissed. 2. That the Plaintiff pays the Defendants' costs of the proceedings. 3. That the Plaintiff and each of the Cross-Claimants to the Second Cross-Claim be barred from bringing fresh proceedings concerning any cause of action or the whole or any part of any claim for relief by any of them in these proceedings, until costs in these proceedings have been paid in full. 4.That these orders be entered forthwith. In proceedings No. 50026/99. The Court orders: 1. That the proceedings be dismissed. 2. That the Plaintiff pay the Defendant's costs of the proceedings. 3. That the Plaintiff be barred from bringing fresh proceedings concerning any cause of action or the whole or any part of any claim for relief by it in these proceedings, until costs in these proceedings have been paid in full. 4. That these orders be entered forthwith. In proceedings No. 3991/00. The Court orders: 1. That NSW Supreme Court Proceedings No. 3991 of 2000 be dismissed. 2. That the Plaintiff pay the Defendant's costs of the proceedings. 3. That the Plaintiff be barred from bringing fresh proceedings concerning any cause of action or the whole or any part of any claim for relief by it in these proceedings, until costs in these proceedings have been paid in full. 4. That these orders be entered forthwith.