Vesuvius Australia Pty Ltd v V & M Davidovic Pty Limited [2011] NSWSC 638

Supreme Court New South Wales

Medium Neutral Citation: Vesuvius Australia Pty Ltd v V & M Davidovic Pty Limited [2011] NSWSC 638 Hearing dates: 24 June 2011 Decision date: 24 June 2011 Jurisdiction: Equity Division Before: Biscoe AJ Decision: (1) Order for payment of security deposit stayed until 30 June 2011. (2) Costs in favour of plaintiff payable forthwith. (3) Order 2 stayed until 5 July 2011. Catchwords: ORDERS:-whether order for return of security deposit should be stayed for a period to enable defendant to obtain legal advice as to an appeal. COSTS:-whether costs of discrete issue should be payable forthwith but stayed for a period to enable defendant to obtain legal advice as to an appeal. Legislation Cited: Supreme Court Rules 1970 Part 52A, r 9(1) Uniform Civil Procedure Rules 2005 r 42.7 Cases Cited: Fiduciary Ltd v Morningstar Research Pty Ltd [2002] NSWSC 432, 55 NSWLR 1 Vesuvius Australia Pty Ltd v V & M Davidovic Pty Ltd [2011] NSWSC 539 Vesuvius Australia Pty Ltd v V & M Davidovic Pty Ltd [2011] NSWSC 573 Category: Procedural and other rulings Parties: Vesuvius Australia Pty Ltd (Plaintiff/First Cross Defendant) V & M Davidovic Pty Ltd (First Defendant/Cross Claimant) Paul Armitage (Second Cross Defendant) Representation: Mr P T Russell (Plaintiff) Mr N Allen (First Defendant) Pikes Lawyers (Plaintiff) John McEncroe & Co (First Defendant) File Number(s): 2010/0084991