Charara v Integrex Pty Ltd [2010] NSWCA 342

New South Wales Court of Appeal

CITATION: Charara v Integrex Pty Ltd [2010] NSWCA 342

HEARING DATE(S): 7 December 2010 JUDGMENT OF: McColl JA at 1

EX TEMPORE JUDGMENT DATE: 7 December 2010

DECISION: 1. Order Mr Charara provide security for Integrex's costs of these proceedings in the sum of $1,000, such security to be paid into court within 14 days. 2. Order that until such security is provided, these proceedings be stayed. 3. Order Mr Charara to pay Integrex's costs of and incidental to this motion, with the exception of the costs of and incidental to it in respect of 6 December 2010. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

CATCHWORDS: PRACTICE & PROCEDURE – Court of Appeal – application for leave to appeal – security for costs – UCPR 51.50 – only for appeals – inherent jurisdiction – relevant factors

LEGISLATION CITED: Uniform Civil Procedure Rules 2005 (NSW) Uniform Civil Procedure Rules 1999 (Qld)

CATEGORY: Procedural and other rulings

Bahr v Nicolay (No 1) [1987] HCA 32; (1987) 163 CLR 490 Bell v Bay-Jespersen [2004] QCA 68; 2 Qd R 235 Fleming v Marshall [2010] NSWCA 152 Green v CGU Insurance Limited [2008] NSWCA 148; (2008) 67 ACSR 105 CASES CITED: Iskandar v Merpati Nusantara Airlines [2006] NTCA 3; (2006) 16 NTLR 22 JH Billington Ltd v Billington [1907] 2 KB 106 King v Commercial Bank of Australia Ltd [1920] HCA 62; (1920) 28 CLR 289 Pioneer Park Pty Ltd (In liq) v Australia & New Zealand Banking Group Ltd [2007] NSWCA 344; (2007) 25 ACLC 1,707 Rajski v Computer Manufacture & Design Pty Ltd [1982] 2 NSWLR 443 Rajski v Computer Manufacture & Design Pty Ltd [1983] 2 NSWLR 122