NSW Caselaw
New South Wales Court of Appeal
CITATION: Procorp Civil Pty. Ltd. v. Napoli Excavations & Contracting Pty. Ltd. & Ors. (No.2) [2006] NSWCA 147
HEARING DATE(S): 7 June 2006
JUDGMENT DATE: 13 June 2006
JUDGMENT OF: Hodgson JA at 1
DECISION: See pars.18, 19 and 20 of judgment for orders.
CATCHWORDS: PRACTICE - APPEAL - Security for costs - Whether corporation challenging adjudication determination under Building & Construction Industry Security of Payment Act 1999 is in substance a plaintiff - Whether special circumstances need to be shown - Whether special circumstances shown.
Aquatown Pty. Limited v. Holder Stroud Pty. Limited FCA 9/11/95 (Sundberg J). CASES CITED: Strata Consolidated (Australia) Pty. Limited v. Bradshaw [2000] NSWCA 114 Transglobal Capital Pty. Limited v. Yolarno Pty. Limited [2004] NSWCA 136, 60 NSWLR 143 Wollongong City Council v. FPM Construction Pty. Limited [2004] NSWSC 523
PARTIES: Procorp Civil Pty. Limited - claimant Napoli Excavations & Contracting Pty. Ltd. - Opponent
FILE NUMBER(S): CA 40265/06
COUNSEL: Mr. Kalyk for claimant Mr. Doyle (s) for opponent
SOLICITORS: McManus Lawyers for claimant Doyles Construction Lawyers for opponent
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): 1480/06
LOWER COURT JUDICIAL OFFICER: Einstein J
LOWER COURT DATE OF DECISION: 21 April 2006
LOWER COURT MEDIUM NEUTRAL CITATION: [2006] NSWSC 358
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40265/05
HODGSON JA
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