A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Executive Summary (One Minute Read)
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| Police &
Community Youth Clubs NSW Ltd v Refurb Interiors Pty Ltd (in liq) (NSWCA) - claim for
debt owed under building contract - security for costs refused - application for leave to appeal dismissed |
| Summaries With Link (Five Minute Read) |
Police
& Community Youth Clubs NSW Ltd v Refurb Interiors Pty Ltd (in liq) [2015] NSWCA 67
Court of Appeal of New South Wales
Macfarlan & Leeming JJA; Sackville
AJA
Security for costs - appellant sought to
appeal against primary judge’s rejection of its application for security for
cost in proceeding in which respondent sued it for a debt alleged owed under a
building contract - primary judge dismissed application on ground that an order
for security would stultify the litigation - held: no error of principle or
unreasonable exercise of primary judge’s discretion - open to primary judge to
take view that order for provision of security should not be made before liquidators
had been given full opportunity to explore funding opportunities - application
for leave to appeal dismissed.
Police
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