Onik New Energy Australia Pty Limited v Henderson (No 2) [2019] NSWSC 741

Onik New Energy Australia Pty Limited v Henderson (No 2) [2019] NSWSC 741

The Court was satisfied that sufficient efforts had been made to locate Mr Grainger and obtain his views and co-operation, that it was appropriate to rely on the form of Consent Order on the court file, and that granting the motion was consistent with s 56 and the overriding purpose by facilitating the just, quick...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 June 2019
Procedural Posture
Notice of Motion in Common Law Proceedings Seeking Payment Out of Funds Held in Court as Security for Costs / Ex Tempore Judgment on Notice of Motion
Outcome
Orders sought in motion granted.
Legal Topics
['notice of Motion' 'security for Costs' 'funds Held in Court' 'consent Orders' 'overriding Purpose']
['civil Procedure'] ['notice of Motion' 'security for Costs' 'funds Held in Court' 'consent Orders' 'overriding Purpose']

Source-derived case record

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Procedural Posture

Notice of Motion in Common Law Proceedings Seeking Payment Out of Funds Held in Court as Security for Costs / Ex Tempore Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether funds held in Court as security for costs should be paid to the solicitors for the defendants with no order as to costs.' 'Whether the Court should rely on the form of Consent Order on the court file to release the funds.']

Ratio Decidendi

The Court was satisfied that sufficient efforts had been made to locate Mr Grainger and obtain his views and co-operation, that it was appropriate to rely on the form of Consent Order on the court file, and that granting the motion was consistent with s 56 and the overriding purpose by facilitating the just, quick and cheap disposal of an outstanding detail from completed proceedings.

Court Disposition

Orders sought in motion granted.

Orders

  • ['The $7,000 held as funds in Court that were deposited in respect of an earlier security for costs order be paid to the solicitors for the defendants with no order as to costs.']