NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Cohen v David [2018] NSWDC 214 Hearing dates: 13 July 2018 Date of orders: 09 August 2018 Decision date: 09 August 2018 Jurisdiction: Civil Before: Strathdee DCJ Decision: (1) The plaintiff's motion for a stay of enforcement is dismissed.
(2) I order the plaintiff pay into court the sum of $50,000.00 as security for costs within 28 days of this date.
(3) The proceedings are stayed until the monies referred to in order 2 are paid into court.
(4) I order the plaintiff to pay the defendant's costs of and associated with the two motions.
(5) I grant the parties liberty to apply. Catchwords: SECURITY FOR COSTS – special circumstances STAY OF ENFORCEMENT – discretion to order – what would be fair Legislation Cited: Civil Procedure Act 2005 (NSW) Legal Profession Act 2002 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Alexander v Cambridge Credit Corporation Limited (Receivers Appointed) (1985) 2 NSWLR 685 Batterham v Makeig (No 2) [2009] NSWCA 314 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737 Category: Principal judgment Parties: Robin Cohen (Plaintiff) Suzy David and Fred David t/as David Legal (Defendant) Representation: Counsel: A.E. Maroya (Plaintiff) R. Notley (Defendants)
Solicitors: Paramonte Legal (Plaintiff) David Legal (Defendants) File Number(s): 2018/00120107
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