NSW Caselaw
New South Wales Supreme Court
CITATION : Whyked Pty Limited v Yahoo Australia and New Zealand Pty Limited [2006] NSWSC 1236
HEARING DATE(S) : 3/11/06, 17/11/06 JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Einstein J
EX TEMPORE JUDGMENT DATE : 11/17/2006
DECISION : Security for costs to be ordered
CATCHWORDS : Practice and Procedure - Costs - Security for costs where personal as well as corporate plaintiffs resist making of order - Party suing for benefit of another - Necessity for all shareholders in corporate plaintiffs to disclose their net assets
LEGISLATION CITED : Fair Trading Act 1987 (NSW) Trade Practices Act 1974 (Cth)
Bell Wholesale Co Pty Limited v Gates Export Corporation (No 2] (1984) 2 FCR 1 Dijkhuijs v Barclay (1988) 13 NSWLR 639 CASES CITED : Harpur v Ariadne Australia Ltd (No 2) [1984] 2 Qd R 523 Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 744 Rugby Union Players Association Inc v Australian Rugby Union Ltd [unreported, Supreme Court of New South Wales, per Giles J, 30 July 1997, BC 9703332] Winnote Pty Limited (in liq) v Page [2005] NSWCA 362
PARTIES : Whyked Pty Limited - Plaintiff Yahoo Australia and New Zealand Pty Limited - Defendant
FILE NUMBER(S) : SC 50044/06
COUNSEL : Mr P King (Plaintiff) Mr DB Studdy (Defendant)
SOLICITORS : Russell McLelland Brown (Plaintiff) Gilbert & Tobin (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
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