NSW Caselaw
New South Wales Supreme Court
CITATION : Hurworth Nominees Pty Ltd & 2 Ors v ANZ Banking Group Ltd & 1 Or [2005] NSWSC 1360
HEARING DATE(S) : 09/12/05, 16/12/05
JUDGMENT DATE : 19 December 2005
JURISDICTION : Equity Division
JUDGMENT OF : White J
DECISION : See para 73 of judgment.
CATCHWORDS : PRACTICE & PROCEDURE – Costs – Security for Costs – Applications by the defendants for security for costs pursuant to s 1335 of the Corporations Act 2001 (Cth) or r 42.21(d) or (e) of the Uniform Civil Procedure Rules 2005 (NSW) – Whether jurisdictional grounds for ordering security for costs made out – Discretionary factors relevant to exercise by the Court of its power to order provision of security for costs – Applications granted in part.
Corporations Act 2001 (Cth) LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW)
Farm Debt Mediation Act 1994 (NSW) Beach Petroleum NL v Johnson (1992) 7 ACSR 203 Fisher & Lightwood's Law of Mortgage, Australian Edition CASES CITED : Adams v Bank of New South Wales [1984] 1 NSWLR 285 Reches Pty Limited v Tadiran Pty Limited (1998) 85 FCR 514 Bell Wholesale Co Limited v Gates Export Corporation (No. 2) (1984) 2 FCR 1
PARTIES : Hurworth Nominees Pty Ltd & 2 Ors v ANZ Banking Group Ltd & 1 Or
FILE NUMBER(S) : SC 50141/99
Plaintiffs: In person COUNSEL : 1st Defendant: N Newton & C Wood 2nd Defendant: A Leopold & H Altan
Plaintiffs: N/A 1st Defendant: Corrs Chambers Westgarth SOLICITORS : 2nd Defendant: Ebsworth & Ebsworth
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