NSW Caselaw
New South Wales Supreme Court
CITATION : Ingot & Ors v Macquarie & Ors [No 5] [2006] NSWSC 255
HEARING DATE(S) : 31 March 2006
JUDGMENT DATE : 7 April 2006
JURISDICTION : Equity Division - Commercial List
JUDGMENT OF : McDougall J at [1]
DECISION : See paras [90 ] to [91 ] of judgment
CATCHWORDS : SECURITY FOR COSTS - where application for further security - relevance of findings made on earlier application - whether Court ought to proceed on basis established by earlier decision unless material change of circumstances shown, or fresh evidence relied upon - whether undertakings by solvent plaintiffs in support of impecunious plaintiffs sufficient - where plaintiffs incorporated overseas - whether further security to be ordered when legislative scheme for reciprocal enforcement exists
LEGISLATION CITED : Corporations Act UCPR r 42.21
ABB Service v Pyrmont Light Rail [2006] NSWSC 187 Barton v Minister for Foreign Affairs (1984) 2 FCR 463 CASES CITED : Brimaud v Honeysett Instant Print Pty Ltd (1951-2002) 217 ALR 44 Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Connop v Varena Pty Ltd [1984] 1 NSWLR 71 Ingot Capital Investments Pty Ltd & Ors v Macquarie Equity Capital Markets Ltd & Ors [2002] NSWSC 609
PARTIES : Ingot Capital Investments Pty Ltd & Ors (Plaintiffs/Respondents to the Application) Macquarie Equity Capital Markets Ltd & Ors (1st to 3rd Defendants/Applicants)
FILE NUMBER(S) : SC 50169/01
COUNSEL : F M Douglas QC/B F Katekar (Plaintiffs/Respondents to the Application) Dr A S Bell/C P Carter (1st to 3rd Defendants/Applicants)
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