CBX2 Pty Ltd v National Australia Bank [2015] NSWSC 1945

Supreme Court New South Wales

Medium Neutral Citation: CBX2 Pty Ltd v National Australia Bank [2015] NSWSC 1945 Hearing dates: 10 December 2015 Date of orders: 14 December 2015 Decision date: 14 December 2015 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Stand over for hearing of balance of Notice of Motion Catchwords: APPEALS – appeal from an associate judge – relevant principles – appeal by way of re-hearing – whether decision refusing to award security of costs to defendant against plaintiff miscarried – where two crucial findings of fact were wrongly made – first, that the person standing behind the plaintiff had no access to his super fund – second, that he was impecunious – where those wrong findings of fact vitiated the primary judge's exercise of discretion – result that the discretion must be re-exercised Legislation Cited: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) Corporations Act 2001 (Cth) Evidence Act 1995 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Do Carmo v Ford Excavations Pty Ltd [1981] 1 NSWLR 409 House v The King (1936) 55 CLR 499 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Nonox Australia v Certain Underwriters at Lloyds [2014] NSWSC 221 Category: Procedural and other rulings Parties: CBX2 Pty Limited (Plaintiff) National Australia Bank Limited (Defendant) Representation: Counsel: AJ McQuillen (Respondent) PD Reynolds (Appellant)