NSW Caselaw
New South Wales Supreme Court
CITATION : Pure Logistics v Scott & Anor [2007] NSWSC 595
HEARING DATE(S) : 1 June 2007
JUDGMENT DATE : 1 June 2007
JURISDICTION : Commercial List
JUDGMENT OF : McDougall J at [1]
EX TEMPORE JUDGMENT DATE : 1 June 2007
DECISION : See paras [29] to [34] of judgment
CATCHWORDS : PRACTICE AND PROCEDURE - freezing order - interlocutory application pursuant to r 25.14 of Uniform Civil Procedure Rules 2005 - claim for damages quantified - content of requirement for "good arguable case" - whether good arguable case demonstrated for full amount of order sought - unconditional bank guarantee in favour of defendant in support of undertaking as to damages - costs
LEGISLATION CITED : Uniform Civil Procedure Rules 2005
CASES CITED : Ninemia Maritime Corporation v Trave Schiffahrtsgesellschaft mbH & Co KG "The Niedersachsen" [1984] 1 All ER 398
Pure Logistics Pty Limited (formerly Scotts Refrigerated Freightways Holdings) Pty Limited (Plaintiff) PARTIES : Bruce Donald Scott (First Defendant) Jan Carolyn Scott (Second Defendant)
FILE NUMBER(S) : SC 50152/06
I M Jackman SC/R S Hollo/M J O'Meara (Plaintiff) COUNSEL : N A Cotman SC/R A Parsons/C D Wood (Defendants)
SOLICITORS : Minter Ellison (Plaintiff) Dennis & Company (Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
McDOUGALL J
Friday 1 June 2007 (Ex tempore, revised 4 June 2007)
50152/06 PURE LOGISTICS PTY LIMITED (formerly known as Scotts Refrigerated Freightways Holdings Pty Limited) v BRUCE DONALD SCOTT & ANOR
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