Lee and anor v Song and anor [2004] NSWIRComm 335

Lee and anor v Song and anor [2004] NSWIRComm 335

The Anshun Principle did not operate to preclude the current proceedings, as the previous Supreme Court action was limited to maintaining a caveat over the vessels, involved different parties and issues, and did not cover the scope of the present claims. As to security for costs, there was insufficient evidence on applicants' finances to determine an appropriate amount without risk of precluding the proceedings, and the application for security for costs was stood over with liberty to apply.

Jurisdiction
Australia
Judgment Date
13 December 2004
Procedural Posture
Interlocutory Applications / Interlocutory Judgment on Application to Strike Out and for Security for Costs
Outcome
Strike out application dismissed; security for costs application stood over with liberty to apply; costs reserved.
Legal Topics
['interlocutory Applications' 'strike Out' 'security for Costs' 'unfair Contract' 'joint Venture' 'transfer of Vessels' 'bills of Sale' 'anshun Principle' 'non Resident Applicants']
['industrial Law'] ['interlocutory Applications' 'strike Out' 'security for Costs' 'unfair Contract' 'joint Venture' 'transfer of Vessels' 'bills of Sale' 'anshun Principle' 'non Resident Applicants']

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Procedural Posture

Interlocutory Applications / Interlocutory Judgment on Application to Strike Out and for Security for Costs

Legal Issues

  1. 1 ['Whether the proceedings should be struck out or permanently stayed due to the Anshun Principle' 'Whether applicants should provide security for costs']

Ratio Decidendi

The Anshun Principle did not operate to preclude the current proceedings, as the previous Supreme Court action was limited to maintaining a caveat over the vessels, involved different parties and issues, and did not cover the scope of the present claims. As to security for costs, there was insufficient evidence on applicants' finances to determine an appropriate amount without risk of precluding the proceedings, and the application for security for costs was stood over with liberty to apply.

Court Disposition

Strike out application dismissed; security for costs application stood over with liberty to apply; costs reserved.

Orders

  • ['The application by the respondents to strike out or permanently stay the proceedings is dismissed.' "The respondents' application for security for costs is stood over with liberty to apply." 'Costs are reserved.']