NSW Caselaw
New South Wales Supreme Court
CITATION : O'Keefe v Seafresh Holdings Pty Ltd trading as Westmore Seafoods [2009] NSWSC 1090
HEARING DATE(S) : 26 June 2009, 1 July 2009
JUDGMENT DATE : 15 October 2009
JURISDICTION : Common Law
JUDGMENT OF : Rothman J
(i) The defendants' motion for security for costs be dismissed; DECISION : (ii) The defendants pay the plaintiff's costs of and incidental to the motion, as agreed or assessed.
CATCHWORDS : SECURITY FOR COSTS – resident outside jurisdiction – impecunious – inability to work because of injury – effect to stifle proceedings – conditional costs agreement with success payment not, on the facts, undertaking litigation for a commercial profit – order refused - PRIVILEGE – communication with third parties for the purpose of settling proceedings – s 131 Evidence Act 1995 – not applicable to costs agreement
Civil Liability Act 2002 LEGISLATION CITED : Civil Procedure Act 2005 Evidence Act 1995 Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
Green (as liquidator of Arimco Mining Pty Ltd) v CGU Insurance Ltd [2008] NSWCA 148 CASES CITED : Jazabas Pty Ltd & Ors v Haddad & Ors [2007] NSWCA 291 RDCW Diamonds Pty Ltd v DA GLORIA [2006] NSWSC 450
James Lyons O'Keefe (Plaintiff) PARTIES : Seafresh Holdings Pty Ltd trading as Westmore Seafoods (First Defendant) Romport Holdings Pty Ltd trading as Australia Bay Seafoods (Second Defendant)
FILE NUMBER(S) : SC 20581/2008
COUNSEL : I D Roberts SC / A Black (Plaintiff) B K Nolan (Defendants)
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