NSW Caselaw
New South Wales Supreme Court
CITATION : Pyrmont Raw Materials Pty Limited (In Liquidation) (Receivers Appointed) v Peter Meier & Anor [2009] NSWSC 227
HEARING DATE(S) : 26 March 2009 JUDGMENT OF : Bergin CJ in Eq
EX TEMPORE JUDGMENT DATE : 26 March 2009
DECISION : Security for costs ordered
CATCHWORDS : [SECURITY FOR COSTS] - Application for security for costs where plaintiff is in liquidation - proceedings commenced by company and not liquidator - [EVIDENCE] - onus in relation to proof that defendant caused plaintiff's impecuniosity - whether mere reliance on pleading is permitted - [DELAY] - whether defendants' delay in bringing application was material - [DIRECTORS] - whether security should be ordered when it is alleged that director breached duties and caused damage and loss to company
Jazabas Pty Ltd & Ors v Haddad & Ors [2007] NSWCA 291 Fiduciary Ltd v Morningstar Research Pty Ltd (2004) 208 ALR 564 CASES CITED : BPM Pty Ltd v HPM Pty Ltd (1996) 131 FLR 339 Green (as liquidator of Arimco Mining Pty Ltd) v CGU Insurance Ltd [2008] NSWCA 148 Eddy & Morphett v Mac Audio & Acoustical Consultants Pty Ltd [2000] SASC 145 Hession v Century 21 South Pacific Ltd (in liq) (1992) 28 NSWLR 120
Pyrmont Raw Materials Pty Limited (In Liquidation) (Receivers Appointed) (Plaintiff/Respondent) PARTIES : Peter Meier (First Defendant/Applicant) Peter Meier Investments Pty Limited (Second Defendant/Applicant)
FILE NUMBER(S) : SC 2834 of 2007
COUNSEL : A J Moon (Plaintiff/Respondent) F P Carnovale (Defendants/Applicants)
SOLICITORS : Connolly Suthers (Plaintiff/Respondent) Toomey Pegg Drevikovsky Lawyers (Defendants/Applicants)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate