NSW Caselaw
New South Wales Supreme Court
CITATION : Owners Corporation - Strata Plan 61732 v T R Druce Pty Ltd [2009] NSWSC 1024 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 11 September 2009
JUDGMENT DATE : 11 September 2009
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 11 September 2009
DECISION : Refer to paras 58-60, 64 and 65 of judgment.
CATCHWORDS : PROCEDURE – security for costs – cross-defendants seek orders that cross-claim filed by first defendant be dismissed under r 42.21(3) of the Uniform Civil Procedure Rules for failure to comply with order requiring provision of security for costs – consideration of all relevant circumstances - cross-claim dismissed - PROCEDURE – cross-defendants seek orders that cross-claims filed by second defendant be dismissed under r 13.4(1) of the Uniform Civil Procedure Rules – onus on cross-defendants to show no triable issue that there was a reasonable cause of action against them – onus not discharged - application by first cross-defendant dismissed – alternative application made by second cross-defendant that cross-claim totally disproportionate to costs incurred and to be incurred – misconception by second cross-defendant as to nature of claims - application by second cross-defendant dismissed
Home Building Act 1989 (NSW) LEGISLATION CITED : Trade Practices Act 1974 (Cth) Civil Procedure Act 2005 (NSW)
CATEGORY : Procedural and other rulings
Idoport Pty Ltd v National Australia Bank Limited [2002] NSWSC 18 Porter v Gordian Runoff Ltd (No. 3) [2005] NSWCA 377 Wickstead v Browne [1992] NSWCA 272; (1992) 30 NSWLR 1 Termijtelen v Van Arkel [1974] 1 NSWLR 525 CASES CITED : Webster v Lampard [1993] HCA 57; (1993) 177 CLR 598 Chellenberg v British Broadcasting Corporation [2000] EMLR 296 Wallis v Valentine [2003] EMLR 8 Jameel (Yousef) v Dow Jones & Co Inc [2005] QB 946 Bezant v Rausing [2007] EWHC 1118 (QB) Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; (1981) 147 CLR 589
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