NSW Caselaw
New South Wales Court of Appeal
CITATION: Bofinger v Kingsway Group Ltd [2008] NSWCA 41
HEARING DATE(S): 17 March 2008
JUDGMENT DATE: 17 March 2008
JUDGMENT OF: Hodgson JA
EX TEMPORE JUDGMENT DATE: 17 March 2008
DECISION: Grant the application for a stay on the basis of interest accruing on the costs orders in the meantime, and grant the application for security for costs. Costs of both notices of motion be costs in the proceedings.
CATCHWORDS: PROCEDURE - Security for costs of an appeal - Appeal brought for benefit of creditors - Stay of costs orders - Provision for interest on costs.
CATEGORY: Procedural and other rulings
PARTIES: Ronald John BOFINGER (First Appellant)
FILE NUMBER(S): CA 40909/07; 40782/07
G McVAY (Appellants) D SIBTAIN/ N McGARRITY (First and Eighth Respondents) COUNSEL: Lady appeared (name not noted) (Second and Third Respondents) J HUBBARD (Fourth Respondent) D R PRITCHARD (Fifth, Sixth and Seventh Respondents)
Warren McKeon Dickson (Appellants) SOLICITORS: Watson Mangioni Lawyers Pty Ltd (First and Eighth Respondents) McLachlan Chilton (Fourth Respondents) Middletons (Fifth, Sixth and Seventh Respondents)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 2451/06
LOWER COURT JUDICIAL OFFICER: Young CJ in Eq
LOWER COURT DATE OF DECISION: 15 October 2007 and 15 November 2007
LOWER COURT MEDIUM NEUTRAL CITATION: Bofinger v Rekley Pty Ltd [2007] NSWSC 1138
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40909/07 CA 40782/07
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