NSW Caselaw
New South Wales Court of Appeal
CITATION: Batterham v Makeig (No 2) [2009] NSWCA 314
HEARING DATE(S): 14 September 2009
JUDGMENT DATE: 16 October 2009
JUDGMENT OF: Macfarlan JA
(1) Order that the first appellant furnish security for the costs of the respondent of and incidental to the appeal in the amount of $30,000. DECISION: (2) Stay the proceedings in this Court until such security is provided. (3) Order that the first appellant pay the costs of the respondent of the respondent's Notice of Motion filed on 26 August 2009. (4) Order that the costs of the parties of the Notice of Motion filed by the appellants on 24 August 2009 be part of the costs of the appeal to this Court.
CATCHWORDS: PROCEDURE - security for costs of appeal - first appellant ordinarily resident outside New South Wales - Rule 42.21, Uniform Civil Procedure Rules 2005 - whether a "plaintiff" the subject of the Rule includes an appellant who was not a plaintiff in the court below
Civil Procedure Act 2005 LEGISLATION CITED: Interpretation Act 1987 Uniform Civil Procedure Rules 2005
CATEGORY: Procedural and other rulings
Brian Joseph Batterham (First Appellant) PARTIES: Batterham's Bus Lines Pty Ltd (Second Appellant) Peter John Makeigh (Respondent)
FILE NUMBER(S): CA 40266/09
COUNSEL: G R Graham (Appellants) G A Sirtes SC (Respondent)
SOLICITORS: Emery Partners (Appellants) Somerville & Co (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 4373/07
LOWER COURT JUDICIAL OFFICER: Ward J
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