National Australia Bank Limited v Idoport Pty Limited [2004] NSWSC 212

New South Wales Supreme Court

CITATION : National Australia Bank Limited v Idoport Pty Limited [2004] NSWSC 212 HEARING DATE(S) : 8/12/03 JUDGMENT DATE : 25 March 2004

JUDGMENT OF : Burchett AJ at 1 DECISION : Declaration made as to the meaning of an order pronounced upon the dismissal of certain actions barring the bringing of fresh proceedings until payment of the costs of the dismissed actions.

CATCHWORDS : PRACTICE AND PROCEDURE - order barring the bringing of proceedings until payment of certain costs - construction of the order - effect of observations made in Court of Appeal when appeal from the order was dismissed - effect of observations made arguendo - principles on which orders are made barring fresh proceedings until costs of an earlier unsuccessful proceeding are paid - remedy for delay in assessment of costs - effect of statutes of limitations - power to make declaration as to meaning of a Court order. LEGISLATION CITED : Trade Practices Act 1974 (Cth) Fair Trading Act 1987 (NSW) Bowen v Hickey (1958) 78 WN (NSW) 820 Glandon Pty Ltd v Strata Consolidated Pty Ltd (1988) BC 8802270 Heydon v NRMA Ltd (2000) 51 NSWLR 1 CASES CITED : Morton v Palmer (1882) 9 QBD 89 Sinclair v British Telecommunications plc [2001] 1 WLR 38 Thames Investment & Securities Plc v Benjamin [1984] 1 WLR 1381 Yeshiva Properties No 1 Pty Ltd v Lubavitch Mazal Pty Ltd [2003] NSWSC 775 National Australia Bank Limited (first plaintiff) National Markets Group Limited (second plaintiff) National Australia Financial Management Limited (third plaintiff) Australian Market Automated Quotation (Ausmaq) System Limited (fourth plaintiff) MLC Limited (fifth plaintiff) MLC Holdings Limited (sixth plaintiff) Your Prosperity Limited (seventh plaintiff) National Wealth Management Holdings Limited (eighth plaintiff) National Online Trading Limited (ninth plaintiff) Glenn L L Barnes (tenth plaintiff) PARTIES : Francis J Cicutto (eleventh plaintiff) David M Krasnostein (twelfth plaintiff) Kevin F Courtney (thirteenth plaintiff) Russell A McKimm (fourteenth plaintiff) Donald Robert Argus (fifteenth plaintiff) Richard McKinnon (sixteenth plaintiff) Simon Moore (seventeenth plaintiff) Idoport Pty Limited (first defendant) Negubo Pty Ltd (second defendant) Investors Buying Service (IBS) Pty Limited (third defendant) John Malcolm Maconochie (fourth defendant) FILE NUMBER(S) : SC 3541/02 COUNSEL : J.R. Sackar QC / J.K. Kirk (Plaintiffs) N.C. Hutley SC / A.J. Paterson (Defendants) SOLICITORS : Freehills (Plaintiffs) Withnell Hetherington (Defendants)