NSW Caselaw
New South Wales Supreme Court
CITATION : Jazabas Pty Ltd & Ors v Haddad & Ors [2010] NSWSC 594
HEARING DATE(S) : 5-6 November 2009
JUDGMENT DATE : 4 June 2010
JUDGMENT OF : Fullerton J
1. The plaintiffs' notice of motion is dismissed. DECISION : 2. The plaintiffs are to pay the defendants' costs. 3. Such costs as are payable to the third defendant are to be payable forthwith as reflected in the orders made by consent on 5 August 2009. 4. Such costs as are payable to the first and second defendants are to be payable forthwith.
CATCHWORDS : COSTS - order for security for costs - appeal from judgment refusing to lift stay of proceedings - whether leave should be granted to extend the time for bringing appeal under Pt 49 r 8 UCPR - whether Associate Justice erred in exercise of discretion to refuse to lift stay - whether error disclosed by considering weight to be given to personal undertakings in accordance with Epping Plaza Fresh Fruit and Vegetables Pty Ltd v Bevendale Pty Ltd - whether sufficient weight given to whether public interest was affected by a determination of the facts in issue in substantive proceedings to justify lifting stay
Civil Procedure Act 2005 LEGISLATION CITED : Fair Trading Act 1987 Limitation Act 1969
Australian Energy and Electrical Holdings Pty Ltd v Isbell [2006] QSC 34 Buckley v Bennell Constructions Pty Ltd (1974) 1 ACLR 301 City of Botany Bay Council v Jazabas Pty Limited [2001] NSWCA 94 Epping Plaza Fresh Fruit & Vegetables Pty Ltd v Bevendale Pty Ltd [1999] 2 VR 191 Fleet v Royal Society for the Prevention of Cruelty to Animals NSW and Ors [2005] NSWSC 926 Gentry Bros Pty Ltd v Wilson Brown & Associates Pty Ltd (1992) 8 ACSR 405 House v The King (1936) 55 CLR 499 CASES CITED : Jazabas Pty Limited & Ors v Haddad & Ors, 20 March 2009, CA 40292/2008 Jazabas Pty Ltd & Ors v Haddad & Ors [2007] NSWCA 291 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Lawteal Pty Ltd v Ofo [2006] NSWSC 365 Maritime Services Board of New South Wales & Federal Airports Corporation v Citizens Airport Environment Association Inc (1992) 83 LGERA 107 Marks-Isaacs v Fowler & Ors [2005] NSWCA 37 Micallef v ICI Australia Operations Pty Ltd & Anor [2001] NSWCA 274 Sharjade v Darwinia Estate & Anor [2006] NSWSC 708
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