Kiri Te Kanawa v Leading Edge Events Australia Pty Limited & Ors [2007] NSWCA 187

New South Wales Court of Appeal

CITATION: Kiri Te Kanawa v Leading Edge Events Australia Pty Limited & Ors [2007] NSWCA 187

HEARING DATE(S): 30 July 2007

JUDGMENT DATE: 2 August 2007

JUDGMENT OF: Beazley JA at 1

DECISION: (1) Subject to order 2, the operation of Order 7 made by Bergin J on 8 June 2007 is stayed until the determination of the first defendant's Summons for Leave to Appeal and, if leave is granted, until seven days after the determination of the appeal;; (2) Should the plaintiff provide security for the costs of the first defendant by way of bank guarantee in the sum of $100,000, on the basis that the security so provided remain in place until the determination of the first defendant's Summons for Leave to Appeal and, if leave is granted, until seven days after the determination of the appeal, order 1 is discharged;; (3) The costs of the first defendant's Notice of Motion to be costs in the cause.

CATCHWORDS: COSTS – security for costs – discharge of order for security by trial judge following proceedings – order of discharge of security stayed – whether stay of discharge should continue until determination of appeal

Kiri Te Kanawa (Claimant) PARTIES: Leading Edge Events Australia Pty Limited (First Opponent) Mittane Limited (Second Opponent)

FILE NUMBER(S): CA 40431/07

COUNSEL: A Leopold (Claimant) R Evans (First Opponent)

SOLICITORS: Henry Davis York (Claimant) Vizzone Ruggero & Associates (First Opponent)

LOWER COURT JURISDICTION: Supreme Court - Equity Division

LOWER COURT FILE NUMBER(S): 50161/05

LOWER COURT JUDICIAL OFFICER: Bergin J

LOWER COURT DATE OF DECISION: 8 June 2007