NSW Caselaw
New South Wales Court of Appeal
CITATION: Porter v Gordian Runoff Ltd (No.3) [2005] NSWCA 377
HEARING DATE(S): 10 October 2005
JUDGMENT DATE: 10 October 2005
JUDGMENT OF: Tobias JA at 1
DECISION: (a) Order that the appeal filed by the opponent on 17 December 2003 be dismissed with costs; (b) Order that the opponent pay the first respondent's costs of the Notice of Motion filed by it on 21 September 2005 and the costs of the second respondent of the Notice of Motion filed by it on 6 July 2004 and the amended Notice of Motion filed by it on 10 October 2005
CATCHWORDS: COSTS – Order for security for costs – Dismissal of appeal for failure to comply – Dismissal for want of prosecution – Supreme Court Act 1970 s 46(1) – Supreme Court Rules 1970 Pt 51 r 24 – Uniform Civil Procedure Rules 2005 r 42.21(3)
Civil Procedure Act 2005 Supreme Court Act 1970 LEGISLATION CITED: Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005
Fairey v Fairey (No 2) [2000] NSWCA 173 Idoport Pty Limited v National Australia Bank Limited [2002] NSWSC 18 CASES CITED: Idoport Pty Ltd v National Australia Bank Ltd [2002] NSWCA 271 Porter v Gordian Runoff Ltd [2004] NSWCA 69 Porter v Gordian Runoff Ltd [2004] NSWCA 171
Robert Arthur Porter PARTIES: Gordian Runoff Ltd
FILE NUMBER(S): CA 40823/03
A: In person COUNSEL: 1R: Mr Jones 2R: Mr Gruzman
A: In person SOLICITORS: 1R:Ebsworth & Ebsworth 2R: Bamford Associates
LOWER COURT JURISDICTION: Supreme Court - Equity Division
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