Blue Mountains Conservation Society Inc v Delta Electricity (No 2) [2009] NSWLEC 193

Blue Mountains Conservation Society Inc v Delta Electricity (No 2) [2009] NSWLEC 193

A stay of proceedings should be granted, but only on condition that the Defendant files its defence, to facilitate the progress of the matter if the appeal fails; there is no justification for suspending the protective costs order pending appeal. Security for costs is ordered in the same amount as the existing protective costs order ($20,000), as it would be contradictory to order security for a greater sum.

Parties
Plaintiff: Blue Mountains Conservation Society Inc; Defendant: Delta Electricity
Jurisdiction
Australia
Judgment Date
30 October 2009
Procedural Posture
Practice and Procedure Application / Interlocutory Decision on Applications for Stay of Proceedings and Security for Costs
Outcome
Stay of proceedings granted on condition; security for costs ordered at $20,000; each party to bear its own costs of the motions.
Legal Topics
Stay of Proceedings, Security for Costs, Protective Costs Order
Civil Procedure Stay of Proceedings Security for Costs Protective Costs Order

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Parties

Blue Mountains Conservation Society Inc

Plaintiff

Delta Electricity

Defendant

Procedural Posture

Practice and Procedure Application / Interlocutory Decision on Applications for Stay of Proceedings and Security for Costs

Legal Issues

  1. 1 Whether a stay of proceedings should be granted pending appeal on the protective costs order
  2. 2 Whether an order for security for costs in excess of the protective costs order amount should be made

Ratio Decidendi

A stay of proceedings should be granted, but only on condition that the Defendant files its defence, to facilitate the progress of the matter if the appeal fails; there is no justification for suspending the protective costs order pending appeal. Security for costs is ordered in the same amount as the existing protective costs order ($20,000), as it would be contradictory to order security for a greater sum.

Court Disposition

Stay of proceedings granted on condition; security for costs ordered at $20,000; each party to bear its own costs of the motions.

Orders

  • The Plaintiff is to provide security for costs of the Defendant in the sum of $20,000 in the form of a bank cheque or equivalent by 4pm 2 November 2009.
  • Each party to pay its own costs of the Notices of Motion.