Jaspers Brush Airport Action Group Inc v South Coast Recreational Flying Club Inc [2013] NSWLEC 43

Jaspers Brush Airport Action Group Inc v South Coast Recreational Flying Club Inc [2013] NSWLEC 43

Because the respondents' motion was resolved by consent, the Court ordered the applicant to provide first-stage security of $35,000, stayed the proceedings until that security was provided, provided for dismissal if security was not provided within 28 days, and made directions to identify the issues and prepare the matter for hearing.

Jurisdiction
Australia
Judgment Date
03 April 2013
Procedural Posture
Class 4 Judicial Review Proceedings / Respondents' Notice of Motion for Security for Costs Resolved by Consent; Directions Made for Preparation for Hearing
Outcome
Security for costs ordered by consent and procedural directions made.
Legal Topics
['security for Costs' 'stay of Proceedings' 'directions for Pleadings and Evidence' 'judicial Review of Consents' 'expert Evidence']
['civil Procedure' 'planning and Environmental Law'] ['security for Costs' 'stay of Proceedings' 'directions for Pleadings and Evidence' 'judicial Review of Consents' 'expert Evidence']

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Procedural Posture

Class 4 Judicial Review Proceedings / Respondents' Notice of Motion for Security for Costs Resolved by Consent; Directions Made for Preparation for Hearing

Legal Issues

  1. 1 ["Whether the applicant should provide security for the respondents' costs of the proceedings." 'Whether the proceedings should be stayed until security is provided.' 'What directions should be made for pleadings, agreed facts, documents and any application to rely on expert evidence.']

Ratio Decidendi

Because the respondents' motion was resolved by consent, the Court ordered the applicant to provide first-stage security of $35,000, stayed the proceedings until that security was provided, provided for dismissal if security was not provided within 28 days, and made directions to identify the issues and prepare the matter for hearing.

Court Disposition

Security for costs ordered by consent and procedural directions made.

Orders

  • ['The applicant is to provide security for the estimated costs of the respondents for that part of the proceedings up to the commencement of the hearing in the sum of $35,000 in a form satisfactory to the Registrar.' 'The proceedings are stayed until the security order has been complied with.' 'If the security is...