Nonox Australia Pty Ltd v Certain Underwriters at Lloyd's Subscribing to Contract No CV0263CGL [2014] NSWSC 790

Supreme Court New South Wales

Medium Neutral Citation: Nonox Australia Pty Ltd v Certain Underwriters at Lloyd's Subscribing to Contract No CV0263CGL [2014] NSWSC 790 Hearing dates: 6 June 2014 Decision date: 06 June 2014 Before: Ball J Decision: (1) Proceedings be dismissed. (2) The plaintiff pay the first and second defendants' costs of the proceedings, including the costs of the motion. Catchwords: PROCEDURE - civil - UCPR r 42.21 - plaintiff's failure to pay security for costs instalment - application for order that plaintiff's claim for relief be dismissed - factors to be considered by the Court in determining whether to dismiss proceedings Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Idoport Pty Ltd v National Australia Bank Ltd [2002] NSWSC 18 Nonox Australia v Certain Underwriters at Lloyds Subscribing to Contract No CV0263CGL [2014] NSWSC 221 Nonox Australia v Certain Underwriters at Lloyds Subscribing to Contract no CV0263CGL [2014] NSWSC 222 Owners Corporation - Strata Plan 61732 v TR Druce Pty Ltd [2009] NSWSC 1024 Category: Procedural and other rulings Parties: Nonox Australia Pty Ltd (Plaintiff) Certain Underwriters at Lloyd's Subscribing to Contract No CV0263CGL (First Defendant) Berkley Insurance Company (Second Defendant) Marsh Pty Ltd (Third Defendant) Representation: Counsel: S Wolfe, Director of Nonox (Plaintiff) DH Mitchell (First and Second Defendants) M Cash, Solicitor (Third Defendant) Solicitors: Self Represented (Plaintiff) Moray & Agnew (First and Second Defendants) King Wood & Mallesons (Third Defendant) File Number(s): 2013/297111 Publication restriction: Nil