Wollongong City Council v Legal Business Centre Pty Limited (No 2) [2012] NSWCA 366

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wollongong City Council v Legal Business Centre Pty Limited (No 2) [2012] NSWCA 366 Hearing dates: On the papers Decision date: 12 November 2012 Before: Beazley JA at [1]; Meagher JA at [35]; Barrett JA at [36] Decision: 1.Dismiss the respondent's application to extend the time in which to provide security for costs as ordered by the Court on 8 August 2012; 2.Confirm the order made by Registrar Bradford on 3 September 2012 that the proceedings are stayed unless and until security is provided in the manner ordered by the Court on 8 August 2012; 3.Order the respondent to pay the appellant's costs of the application to extend time in which to provide the security. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE AND PROCEDURE - Order for security for costs - Application for extension of time for compliance with order - Submissions and accompanying material by applicant irrelevant to the application - Abuse of court's processes - Application for extension of time dismissed. Cases Cited: Carr v Finance Corporation of Australia Ltd (No 1) [1981] HCA 20; 147 CLR 246 Jackson v Conway [2000] FCA 1530 Singh v Secretary, Department of Employment and Workplace Relations [2009] FCAFC 59 Category: Interlocutory applications Parties: Wollongong City Council (Appellant) Legal Business Centre Pty Limited (Respondent) Representation: Solicitors: Tresscox (Appellant) LBC Lawyers (Respondent) File Number(s): 2012/106360 Publication restriction: No Decision under appeal Citation: Legal Business Centre Pty Limited v Wollongong City Council Date of Decision: 2012-03-09 00:00:00 Before: Rothman J File Number(s): 2009/297757