Workcare Management Pty Ltd v Gajic Holdings Pty Ltd [2010] NSWSC 850

New South Wales Supreme Court

CITATION : Workcare Management Pty Ltd v Gajic Holdings Pty Ltd [2010] NSWSC 850

HEARING DATE(S) : 3 June 2010 JURISDICTION : Equity Division Duty Judge List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 3 June 2010

DECISION : That the motion be dismissed with costs.

CATCHWORDS : PROCEDURE – Costs – Security for costs – corporate impecuniosity – application made late, days before expedited hearing – whether security for costs order should be made

LEGISLATION CITED : (NSW) Uniform Civil Procedure Rules 2005, r 42.21(1)(b), r 42.21(1)(d)

CATEGORY : Procedural and other rulings

PARTIES : Workcare Management Pty Ltd (plaintiff/respondent) Gajic Holdings Pty Ltd (defendant/applicant)

FILE NUMBER(S) : SC 10/95135

COUNSEL : W Washington (plaintiff/respondent) D Reid (defendant/applicant)

SOLICITORS : Thomas Bray Pty Ltd (plaintiff/respondent) Mitry Lawyers (defendant/applicant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY JUDGE LIST

BRERETON J

Thursday, 3 June 2010

2010/95135 Workcare Management Pty Ltd v Gajic Holdings Pty Ltd JUDGMENT (ex tempore)

1 HIS HONOUR: The plaintiff Workcare Management Pty Ltd commenced these proceedings by summons on 19 April 2010, seeking injunctive relief restraining the defendant Gajic Holdings Pty Limited from terminating a lease dated 6 November 2009 between Gajic as lessor and Workcare as lessee, or otherwise taking possession of the leased premises; and also restraining Gajic from making any further call on the Bank of Queensland on a bank guarantee in respect of the plaintiff's liability under the lease, in circumstances where Gajic had already called on that guarantee for one month's rent which Workcare had not paid.