GWM Goldmining Pty Ltd v Frerk [2018] NSWCA 162

GWM Goldmining Pty Ltd v Frerk [2018] NSWCA 162

Both the summons and the cross summons for leave to appeal and cross appeal were dismissed as neither had prospects of success. The primary judge did not err in rejecting the affidavit or in exercising discretion regarding security for costs.

Jurisdiction
Australia
Judgment Date
27 July 2018
Procedural Posture
Appeal / Application for Leave to Appeal and Cross Appeal From District Court Orders
Outcome
Summons and cross summons dismissed with costs
Legal Topics
['security for Costs' 'affidavit Admissibility' 'australian Consumer Law' 'ordinary Residence Requirement' 'discretionary Orders']
['civil Procedure'] ['security for Costs' 'affidavit Admissibility' 'australian Consumer Law' 'ordinary Residence Requirement' 'discretionary Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Application for Leave to Appeal and Cross Appeal From District Court Orders

Legal Issues

  1. 1 ['Whether affidavit by non-English speaking deponent should be admitted as evidence of impecuniosity' 'Whether primary judge erred in ordering security for costs against company applicant' 'Whether primary judge erred in dismissing security for costs application against individual applicant on residence grounds']

Ratio Decidendi

Both the summons and the cross summons for leave to appeal and cross appeal were dismissed as neither had prospects of success. The primary judge did not err in rejecting the affidavit or in exercising discretion regarding security for costs.

Court Disposition

Summons and cross summons dismissed with costs

Orders

  • ['Dismiss the summons with costs' 'Dismiss the cross summons with costs']