NSW Caselaw
New South Wales Supreme Court
CITATION : Republic Coal v Baralaba Coal [2010] NSWSC 485
HEARING DATE(S) : 18/5/10 JURISDICTION : Equity Division Commercial List
JUDGMENT OF : McDougall J at 1
EX TEMPORE JUDGMENT DATE : 18 May 2010
DECISION : The application for security for costs fails. Order that the amended notice of motion filed in court today be dismissed with costs.
CATCHWORDS : PROCEDURE - application for security for costs - delay in application - whether order would stulify litigation - effect of cross-claim dealing with the issues of the proceedings that may be affected by a stay if order is made and security is not provided.
LEGISLATION CITED : Corporations Act 2001 (Cth) Uniform Civil Procedure Rules
CATEGORY : Procedural and other rulings
CASES CITED : Green v CGU Insurance Ltd (2008) 67 ACSR 105
Republic Coal Pty Limited (Plaintiff) Baralaba Coal Pty Limited (First Defendant) Cockatoo Coal Limited (Second Defendant) PARTIES : Cockatoo Coal Marketing Company Pty Limited (Third Defendant) Mark Lochtenberg (Fourth Defendant) Peter James Nightingale (Fifth Defendant) Norman Alfred Seckold (Sixth Defendant)
FILE NUMBER(S) : SC 2009/288343
COUNSEL : CRC Newlinds SC (Plaintiff / Respondent) RA Dick SC (Second to Sixth Defendants / Applicants)
SOLICITORS : Duncan Cotterill Lawyers (Plaintiff / Respondent) Minter Ellison (Second to Sixth Defendants / Applicants)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate