Harbinger Property Investments Pty Ltd v Jalvac Property & Development Pty Ltd [2006] NSWSC 76

New South Wales Supreme Court

CITATION : Harbinger Property Investments Pty Ltd v Jalvac Property & Development Pty Ltd [2006] NSWSC 76

HEARING DATE(S) : 10/02/06

JUDGMENT DATE : 10 February 2006

JURISDICTION : Equity Division

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 02/10/2006

DECISION : 1. Order that order 1 made on 12/12/05 by the Registrar be varied by extending the time for the provision of security from 10/2/06 to 5pm on 24/2/06; 2. Otherwise dismiss the plaintiff's notice of motion; 3. Order the plaintiff to pay the defendant's costs of the notice of motion; 4. Order that if the plaintiff fails to provide security in accordance with the orders made on 7/11/05 by 5pm on 24/2/06, the defendant have leave to have the costs of the notice of motion assessed forthwith.

CATCHWORDS : PRACTICE AND PROCEDURE - Registrar ordered plaintiff to provide security for costs - Whether plaintiff entitled to extension of time to seek review of order of Registrar - Whether plaintiff entitled to extension of time to provide security for costs - No question of principle.

Supreme Court Act 1970 (NSW) LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW) Uniform Civil Procedure Act 2005 (NSW)

CASES CITED : Concrete Constructions Pty Limited v Dalma Formwork Pty Limited (Administrator Appointed) [1999] NSWCA 16

Harbinger Property Investments Pty Ltd PARTIES : v Halvac Property & Development Pty Ltd

FILE NUMBER(S) : SC 4771/05

COUNSEL : Plaintiff: M Lawson Defendant: C D Wood

SOLICITORS : Plaintiff: Hancocks Solicitors Defendant: Hugh & Associates, Lawyers