Azmin Firoz Daya v CX Reinsurance Company Limited [2012] NSWSC 1213

Supreme Court New South Wales

Medium Neutral Citation: Azmin Firoz Daya v CX Reinsurance Company Limited [2012] NSWSC 1213 Hearing dates: 30 August 2012 Decision date: 30 August 2012 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: The plaintiff give security for the defendants' costs; the defendants pay 90% of the plaintiff's costs of this hearing Catchwords: COSTS - Security for costs - factors to be considered in exercising the discretion - where plaintiff is resident outside the jurisdiction - whether plaintiff suing for his or her own interests - distinction between commercial litigation funder and third party funding litigation to put plaintiff in a position to meet a debt to it

EVIDENCE - witnesses who are not compellable - taking evidence on commission Legislation Cited: (NSW) Uniform Civil Procedure Rules, r 42.21 (Cth) Corporations Act 2001, s 564 Cases Cited: Equity Access Limited v Westpac Banking Corporation (1989) ATPR 40-972 KDL Building Pty Limited v Mount [2006] NSWSC 474 Green v CGU Insurance Limited [2008] 67 ACSR 105 Nasser v The United Bank of Kuwait [2002] 1 All ER 401 at 65 Dense Medium Separation Powder Pty Ltd v Gondwana Chemicals Limited (In Liq) [2011] NSWCA 84 Knott v Signature Security Group Pty Ltd (2001) 104 IR 84 Jalfox Pty Ltd v Motel Association of New Zealand Inc (1984) 2 NZLR 647 Betz v Parker [2005] NSWSC 660 Category: Interlocutory applications Parties: Azmin Firoz Daya (plaintiff) CX Reinsurance Company Limited (first defendant) Eagle Star Reinsurance Company Limited (second defendant) Aviva Insurance Limited (third defendant) Certain Underwriters at Lloyds evidenced by Contract no. ENCDOPR98 (fourth defendant) PLC, Royal & Sun Alliance (fifth defendant) International Insurance Company of Hannover (sixth defendant) Representation: Mr J Sexton SC & Ms S Callan (applicant/defendants) Dr A Bell SC & Mr J Williams (respondent/plaintiff) HWL Ebsworth (applicants/defendants) Sparke Helmore (respondent/plaintiff) File Number(s): 2004/175282