NSW Caselaw
New South Wales Court of Appeal
CITATION: Dae Boong International Co Pty Ltd v Gray [2009] NSWCA 11
HEARING DATE(S): 2 February 2009
JUDGMENT DATE: 2 February 2009
JUDGMENT OF: Hodgson JA
EX TEMPORE JUDGMENT DATE: 2 February 2009
DECISION: Application for review dismissed with costs.
CATCHWORDS: PROCEDURE – Costs – Security for costs – Company appellant – Review of Registrar's decision – Grounds of review – Whether onus on company to prove means of persons who stand to gain from litigation – Whether impecuniosity caused by other party – Public policy.
LEGISLATION CITED: Corporations Act 2001 s 1335
CATEGORY: Principal judgment
Bell Wholesale Co Limited v Gates Export Corporation [1984] 2 FCR 1 House v The King (1936) 55 CLR 499 CASES CITED: Pioneer Park Pty Ltd (in Liq) v Australia and New Zealand Banking Group Ltd [2007] NSWCA 344 Roufeil v Linder [2007] NSWSC 489 Tomko v Palasty (No 2) [2007] NSWCA 369
PARTIES: DAE BOONG INTERNATIONAL CO PTY LIMITED (ACN 076 232 436) (in liquidation) (Applicant) Ventry Wakefield Rollo GRAY (Respondent)
FILE NUMBER(S): CA 40207/08
COUNSEL: J ANDERSON (Applicant) Ms A HORVATH (Respondnet)
SOLICITORS: Hall Partners (Applicant) Moray & Agnew (Respondent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 1920/05
LOWER COURT JUDICIAL OFFICER: Registrar Schell
LOWER COURT DATE OF DECISION: 3 November 2008
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40547/08
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