Golden Mile Property Investments Pty Ltd (in liquidation) v Cudgegong Australia Pty Ltd [2014] NSWCA 224

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Golden Mile Property Investments Pty Ltd (in liquidation) v Cudgegong Australia Pty Ltd [2014] NSWCA 224 Hearing dates: 23 June 2014 Decision date: 15 July 2014 Before: Beazley P Decision: (1) Application for security for costs dismissed; (2) The first respondent to pay the appellant's costs of the application. [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: PROCEDURE - security for costs - application by the first respondent for advance payment of compensation pursuant to the Land Acquisition (Just Terms Compensation) Act 1991, s 68 - the appellant claims a relevant interest in the acquired land - the primary judge found that the appellant did not have a compensable interest in the land

PROCEDURE - security for costs - whether the appeal is bona fide and has a reasonable prospect of success - whether the appellant's impecuniosity arises out of the first respondent's conduct relating to the subject of the appeal - whether an order for security for costs would stifle or stultify the appeal - whether there are persons standing behind the appellant who are reasonably in a financial position to support the appeal

PROCEDURE - security for costs - application refused Legislation Cited: Corporations Act 2001 (Cth) Land Acquisition (Just Terms Compensation) Act 1991 Real Property Act 1900 Uniform Civil Procedure Rules 2005 Cases Cited: Austin v Sheldon [1974] 2 NSWLR 661; 31 LGRA 274 Bell Wholesale Co Pty Ltd v Gates Export Corporation (No 2) (1984) 2 FCR 1 Bryan E Fencott & Associates Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497 Equity Access Ltd v Westpac Banking Corporation (1989) ATPR 40-972 Fiduciary Ltd v Morningstar Research Pty Ltd (2004) 208 ALR 564 FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 147 House v The King [1936] HCA 40; 55 CLR 499 KP Cable Investments v Meltglow [1995] FCA 76; 56 FCR 189 LRSM Enterprise Pty Ltd v Zurich Australian Insurance Limited [2014] NSWCA 88 M A Productions Pty Ltd v Austarama Television Pty Ltd (1982) 7 ACLR 97 McMahon v Sydney County Council (194) 40 SR (NSW) 427 Pioneer Park Pty Limited (In Liq) & Ors v ANZ Banking Corporation [2007] NSWCA 344 Pravenkav Group Pty Ltd v Diploma Construction (WA) Pty Ltd (No 2) [2014] WASCA 106 Prynew Pty Ltd v Nemeth [2010] NSWCA 94 Category: Interlocutory applications Parties: Golden Mile Property Investments Pty Ltd (In Liquidation) (Appellant) Cudgegong Australia Pty Ltd (First Respondent) Transport for NSW (Second Respondent) Representation: Counsel: M R Hall; G Stapleton (Appellant) R A Dick SC; N M Eastman (First Respondent) M Peatman (Second Respondent) Solicitors: ERA Legal (Appellant) PC Law Pty Ltd (First Respondent) Hunt & Hunt Lawyers (Second Respondent) File Number(s): CA 2014/109574 Decision under appeal Citation: Cudgegong Australia Pty Limited v Transport for NSW [2014] NSWLEC 19 Date of Decision: 2014-03-13 00:00:00 Before: Pain J File Number(s): 2013/30171