Evans v Cleveland Investments Global Pty Ltd [2013] NSWCA 439

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Evans v Cleveland Investments Global Pty Ltd [2013] NSWCA 439 Hearing dates: 09/12/2013 Decision date: 09 December 2013 Before: Leeming JA Decision: 1. In the event that security in the amount of $15,000 ordered on 15 July 2013, to be provided by way of an unconditional bank guarantee from an Australian trading bank, is not provided before 4pm on Friday 17 January 2014, the appeal is dismissed with costs. 2. Mr Evans to pay the respondents' costs of today. [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 - security for costs ordered five months previously - no security provided - further opportunity to provide security granted - guillotine order in event no security granted Cases Cited: Porter v Gordian Runoff Ltd (No 3) [2005] NSWCA 377 Category: Interlocutory applications Parties: Peter Ronald Evans (appellant) Cleveland Investments Global Pty Ltd (first respondent) Ficaro Pty Ltd (second respondent) Representation: Counsel: Appellant in person M Baddams (solicitor-advocate for the respondents) Solicitors: Swaab Attorneys (respondents) File Number(s): 2012/388559 Decision under appeal Jurisdiction: 9111 Citation: [2012] NSWSC 1529 Date of Decision: 2012-12-07 00:00:00 Before: Lindsay J File Number(s): 2009/288926