Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2002] NSWSC 249

New South Wales Supreme Court

CITATION : Lewis v Nortex Pty Ltd (In Liq); Lamru Pty Ltd v Kation Pty Ltd [2002] NSWSC 249 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 3081/97; 1750/02 HEARING DATE(S) : 26 & 27 March 2002 JUDGMENT DATE : 27 March 2002

3081/97 Peter Lawrence Lewis (P) Lamru Pty Ltd (Applicant) Kation Pty Ltd (Respondent) PARTIES : Brian Raymond Silvia (Liquidator) 1750/02 Lamru Pty Limited (P) Kation Pty Limited (D1) Peter Lawrence Lewis (D2) Mark Lewis (D3) JUDGMENT OF : Hamilton J

J T Johnson (Kation P/L & P L Lewis) COUNSEL : S J Motbey (Lamru P/L) P A Somerset, Solicitor (Liquidator) M Wilks, Solicitor, later M P Cleary (M Lewis) Kemp Strang (Kation P/L & P L Lewis) SOLICITORS : Lyons & Lyons (Lamru P/L) Abbott Tout (Liquidator) Corrs Chambers Westgarth (M Lewis) CATCHWORDS : PROCEDURE [671] - Costs - Security for costs - Practice matters - Order for security by cash deposit or bank guarantee - Application for variation of order to permit guarantee to be given by controller of plaintiff and his wife. LEGISLATION CITED : Corporations Act 2001 (Cth) s 471B Supreme Court Rules 1970 Part 8 r 14 CASES CITED : Lewis v Nortex Pty Ltd (in Liq); Lamru Pty Ltd v Kation Pty Ltd [2002] NSWSC 237 Lewis v Nortex Pty Ltd (in Liq); Lamru Pty Ltd v Kation Pty Ltd [2002] NSWSC 238 DECISION : Previously announced decision as to security for defendants' costs varied to allow for written guarantees by the plaintiff's controller and his wife rather than undertakings to the Court. Nortex Pty Ltd (in Liq) joined as fourth defendant and leave to proceed granted. Vacation of fixture refused.