Gujarat NRE India Pty Ltd v Wollongong Coal Ltd (No 2) [2018] NSWSC 1622

Supreme Court New South Wales

Medium Neutral Citation: Gujarat NRE India Pty Ltd v Wollongong Coal Ltd (No 2) [2018] NSWSC 1622 Hearing dates: 19 October 2018 Date of orders: 26 October 2018 Decision date: 26 October 2018 Jurisdiction: Equity Before: Robb J Decision: The Court makes the following orders:

(1) Order the defendant pay the plaintiff's costs of the proceedings on the ordinary basis up to and including 22 December 2017 and on an indemnity basis thereafter. (2) Dismiss the defendant's claim in par 1 of the notice of motion filed by the defendant on 12 October 2018. (3) Grant leave to the defendant to renew its application for a stay of execution of the judgment entered against it in this proceeding by arranging with the associate to Robb J for its notice of motion filed on 12 October 2018 to be relisted for directions, limited to the circumstance where the defendant offers to provide some reasonable level of security to the plaintiff to protect the plaintiff against the consequences of the stay being granted. (4) Order the defendant to pay the plaintiff's costs of the defendant's notice of motion filed on 12 October 2018 to date, as well as the plaintiff's costs of the application for a special cost order in the proceeding. Catchwords: CIVIL PROCEDURE — Stay of proceedings — Application by defendant for a stay of execution or enforcement of order 1 until the determination of an appeal the defendant has commenced against the orders made in the primary judgment — Defendant's application for a stay of enforcement is rejected with leave granted to offer to provide security to the plaintiff — Leave granted to the defendant to renew its application for a stay of execution limited to the provision of a reasonable level of security to the plaintiff to protect the plaintiff against the consequences of the stay being granted