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Benchmark
A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Construction
Wednesday, 3 December 2014
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| Executive Summary (One Minute Read) |
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| First Tiffany Resource Corporation v Hill End Gold Ltd (NSWSC) - summary dismissal - failure to pay security for costs - proceedings dismissed |
| Summaries With Link (Five Minute Read) |
First Tiffany Resource Corporation v Hill End Gold Ltd [2014] NSWSC 1713
Supreme Court of New South Wales
Rein J
Summary dismissal - claims over mining tenements relating to mining of gold and silver - defendant sought security for costs from plaintiff overseas resident - plaintiff failed to pay security - defendant sought dismissal of proceedings pursuant to Pt 42, r42.21(3)Uniform Civil Procedure Rules 2005(NSW) or Court’s inherent jurisdiction - prejudice - held: nothing to indicate it was likely that there was reasonable prospect plaintiff would be able to obtain funding for case - plaintiff had not ensured it had sufficient funds to bring case and to provide measure of protection to defendant should defendant be successful in resisting proceedings - Court satisfied proceedings should be dismissed - motion granted.
First Tiffany Resource Corporation |
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