WINBOURNE AND ORS v THE NATIONAL COMMERCIAL BANK OF JEDDAH AND ANOR [1992] NSWCA 275

WINBOURNE AND ORS v THE NATIONAL COMMERCIAL BANK OF JEDDAH AND ANOR [1992] NSWCA 275

The Court determined that an adjournment was justified to enable efficient consideration of all related challenges but ordered the claimants to pay opponents' costs due to failure to give timely notice of the adjournment application; refused security for costs as special circumstances were not established.

Parties
Claimant: Mr Raymond J Winbourne and nine others; Opponent: The National Commercial Bank of Jeddah and another
Jurisdiction
Australia
Judgment Date
16 March 1992
Procedural Posture
Application for Adjournment and Summons for Leave to Appeal / Interlocutory
Outcome
Adjournment granted on terms; costs ordered; security for costs refused.
Legal Topics
Adjournment, Leave to Appeal, Challenges to Pleadings, Court Procedure, Costs, Security for Costs
Practice and Procedure Adjournment Leave to Appeal Challenges to Pleadings Court Procedure Costs Security for Costs

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Parties

Mr Raymond J Winbourne and nine others

Claimant

The National Commercial Bank of Jeddah and another

Opponent

Procedural Posture

Application for Adjournment and Summons for Leave to Appeal / Interlocutory

Legal Issues

  1. 1 Whether the hearing of the summons for leave to appeal should be adjourned
  2. 2 Whether the claimants should have notified the opponents of the intended application for adjournment
  3. 3 Whether security for costs should be ordered

Ratio Decidendi

The Court determined that an adjournment was justified to enable efficient consideration of all related challenges but ordered the claimants to pay opponents' costs due to failure to give timely notice of the adjournment application; refused security for costs as special circumstances were not established.

Court Disposition

Adjournment granted on terms; costs ordered; security for costs refused.

Orders

  • Adjourn the hearing of the summons before the Court in relation to the orders of Young J of 19 December 1991 until Monday 23 March 1992.
  • Direct that any summons for leave to appeal from the decision of Young J of 12 March 1992 which the claimants intend to bring be filed and served, with a statement under the Rules, by Wednesday 18 March 1992 at 4pm.