Nolasco v Green [1999] NSWSC 966

Nolasco v Green [1999] NSWSC 966

The plaintiff failed to satisfy the Court, in the exercise of its discretion, that the order sought in the notice of motion for extension should be made, due to lack of sufficient evidence regarding financial accommodation, failure to adequately address security for costs obligations, and the late application.

Jurisdiction
Australia
Judgment Date
06 August 1999
Procedural Posture
Equity Construction List / Ex Tempore Decision on Notice of Motion
Outcome
Notice of motion dismissed with costs.
Legal Topics
['extension of Time' 'security for Costs']
['civil Procedure'] ['extension of Time' 'security for Costs']

Case Brief

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Procedural Posture

Equity Construction List / Ex Tempore Decision on Notice of Motion

Legal Issues

  1. 1 ['Whether the plaintiff should be granted an extension for compliance with a court order regarding security for costs']

Ratio Decidendi

The plaintiff failed to satisfy the Court, in the exercise of its discretion, that the order sought in the notice of motion for extension should be made, due to lack of sufficient evidence regarding financial accommodation, failure to adequately address security for costs obligations, and the late application.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['The notice of motion filed on 6 August 1999 be dismissed.' 'The plaintiff pay the costs of the defendant of the motion.']