Betz v Parker & Ors [2005] NSWSC 660

New South Wales Supreme Court

CITATION : Betz v Parker & Ors [2005] NSWSC 660

HEARING DATE(S) : 1 July 2005

JUDGMENT DATE : 6 July 2005

Common Law Division JURISDICTION : Professional Negligence List

JUDGMENT OF : Studdert J

DECISION : 1. Order that the plaintiff give security in the sum of $40,000 for the costs of the defendants incurred and to be incurred until the cause is ready for call up for the allocation of a hearing date. 2. Such security is to be provided in such manner as may be agreed between the parties or as determined by the Court. 3. Liberty to the parties to apply failing agreement as to the manner in which security is to be provided. 4. Order that the proceedings be stayed pending provision of such security for the defendants' costs. 5. Liberty to make a further application when the cause is ready for call up. 6. Costs of this application are to be costs in the cause.

Foreign Judgments Act (Cth) LEGISLATION CITED : Supreme Court Rules Pt 53 r 2

Barton v Minister for Foreign Affairs 54 ALR 586 CASES CITED : Connop v Varena (1984) 1 NSWLR 71 PS Chellaram Co. Ltd v China Ocean Shipping Co. (1991) 102 ALR 321

James Betz (Plaintiff) PARTIES : Mark Gerard Parker, Andrew John Willder, James Gregory McKenzie, Genevieve Claire Collins, Craig Douglas Henderson, David James Fitch, Michael Paul Landvogt, Peter Graham Atkinson, Michael Alfred Butcher, Brett MacGillivray (Defendants)

FILE NUMBER(S) : SC 20066/04

D. Shoebridge (Plaintiff) COUNSEL : N. Perram (Defendant)

Patane Lawyers (Plaintiff) SOLICITORS : Middletons Lawyers (Defendant)