MCDS Group Nominees Pty Ltd v Angas Securities Ltd (No 2) [2020] NSWSC 821

MCDS Group Nominees Pty Ltd v Angas Securities Ltd (No 2) [2020] NSWSC 821

The orders made on 1 June 2020 dismissed the proceedings and determined the defendants' claim for relief, including the question whether the dismissal should be stayed. The plaintiff's proposed extension of the stay was in substance a variation of the dismissal orders. UCPR r 36.16(3) therefore did not apply, r 36.16(3A) was unavailable because the motion was filed more than 14 days after entry, and UCPR r 36.1 did not provide an alternative general power to vary entered orders. In any event, the plaintiff had failed to provide security, had already been given a final opportunity, the proceedings were stayed, and it would not be just to require the defendants to produce documents to...

Jurisdiction
Australia
Judgment Date
26 June 2020
Procedural Posture
Equity Commercial List; Judgments and Orders Application to Vary Orders / Plaintiff's Notice of Motion Filed 24 June 2020 Seeking Variation of Orders Made on 1 June 2020 and Production of Documents, Heard on the Papers
Outcome
Plaintiff's application to vary orders dismissed.
Legal Topics
['variation of Entered Orders' 'stay of Dismissal' 'security for Costs' 'dismissal of Proceedings' 'litigation Funding' 'production of Documents']
['civil Procedure' 'judgments and Orders' 'equity Commercial List'] ['variation of Entered Orders' 'stay of Dismissal' 'security for Costs' 'dismissal of Proceedings' 'litigation Funding' 'production of Documents']

Case Brief

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Procedural Posture

Equity Commercial List; Judgments and Orders Application to Vary Orders / Plaintiff's Notice of Motion Filed 24 June 2020 Seeking Variation of Orders Made on 1 June 2020 and Production of Documents, Heard on the Papers

Legal Issues

  1. 1 ['Whether the Court had power under Uniform Civil Procedure Rules 2005 (NSW) Part 36 to vary the orders of 1 June 2020 by extending the stay of dismissal from 26 June 2020 to 31 July 2020.' 'Whether UCPR r 36.1 provided a general power to vary the entered orders notwithstanding the specific provisions in UCPR r 36.16.' 'Whether, if any power existed, the Court should exercise it to give the plaintiff more time to obtain litigation funding.' 'Whether the defendants should be ordered to produce documents requested by the plaintiff for the purpose of obtaining litigation funding.']

Ratio Decidendi

The orders made on 1 June 2020 dismissed the proceedings and determined the defendants' claim for relief, including the question whether the dismissal should be stayed. The plaintiff's proposed extension of the stay was in substance a variation of the dismissal orders. UCPR r 36.16(3) therefore did not apply, r 36.16(3A) was unavailable because the motion was filed more than 14 days after entry, and UCPR r 36.1 did not provide an alternative general power to vary entered orders. In any event, the plaintiff had failed to provide security, had already been given a final opportunity, the proceedings were stayed, and it would not be just to require the defendants to produce documents to...

Court Disposition

Plaintiff's application to vary orders dismissed.

Orders

  • ["The plaintiff's notice of motion of 24 June 2020 is dismissed with costs."]