NSW Caselaw
New South Wales Supreme Court
CITATION : Sagacious Procurement Pty Limited (subject to a Deed of Company arrangement) v Symbion Health Limited (formerly Mayne Group Limited) [2006] NSWSC 779
HEARING DATE(S) : 3/08/06
JUDGMENT DATE : 3 August 2006
JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Einstein J
EX TEMPORE JUDGMENT DATE : 08/03/2006
DECISION : Costs awarded. Stay refused.
CATCHWORDS : Costs - Stay pending appeal - Need for assessment of prospects of appeal - payment out of funds paid into Court as security for costs
LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules
Baulderstone Hornibrook Engineering Pty Limited v Gordian Runoff Limited [2006] NSWSC 583 Darryll Cullen v ZLB Behring LLC [2006] NSWSC 359 Donald Campbell & Co Limited v Pollak [1927] AC 732 CASES CITED : Illawong Village v State Bank of New South Wales (2005) NSWSC 524 Latoudis v Casey (1990) 170 CLR 534 Oshlack v Richmond River Council (1998) 193 CLR 72 Permanent Trustee Australia Ltd v FAI General Insurance Co Ltd (unreported, New South Wales Supreme Court, 3 June 1998) Waters v P C Henderson (Australia) Pty Limited, unreported, NSWCA, 6 July 1994, BC9404952
PARTIES : Sagacious Procurement Pty Limited (subject to a Deed of Company arrangement) ACN 003 753 526 (Plaintiff) Symbion Health Limited (formerly Mayne Group Limited) ACN 004 073 410
FILE NUMBER(S) : SC 50158/02
COUNSEL : Mr N A Cotman SC, Ms C L Parry (Plaintiff) Mr D J Hammerschlag SC, Mr D J Pritchard (Defendant)
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