Bernard NG v Pier One Pty Ltd [1984] FCA 164

Bernard NG v Pier One Pty Ltd [1984] FCA 164

The Court declined to stay the proceedings, noting that interlocutory procedures in the Supreme Court were not complete and a hearing in this Court could proceed on the merits as soon or sooner than in the Supreme Court. Security for costs was appropriate, set at $1,200.00, based on the best available estimate. Each party was regarded as having mixed success, and no order as to costs was made for the application.

Parties
Applicant: Pier One Pty. Limited
Jurisdiction
Australia
Judgment Date
19 June 1984
Procedural Posture
Civil / Interlocutory Application
Outcome
Application for stay refused; security for costs ordered.
Legal Topics
Security for Costs, Stay of Proceedings, Breach of Contract, Common Law Negligence
Trade Practices Equity Security for Costs Stay of Proceedings Breach of Contract Common Law Negligence

Case Brief

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Parties

Pier One Pty. Limited

Applicant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether proceedings in this Court should be stayed pending the outcome of Supreme Court proceedings
  2. 2 Whether security for costs should be ordered

Ratio Decidendi

The Court declined to stay the proceedings, noting that interlocutory procedures in the Supreme Court were not complete and a hearing in this Court could proceed on the merits as soon or sooner than in the Supreme Court. Security for costs was appropriate, set at $1,200.00, based on the best available estimate. Each party was regarded as having mixed success, and no order as to costs was made for the application.

Court Disposition

Application for stay refused; security for costs ordered.

Orders

  • Applicants to provide $1,200.00 as security for Respondent's costs in the Supreme Court proceedings, by a date to be set by the Court.
  • Respondent restrained from leasing, licensing, granting any estate or interest in the premises to any person other than the applicants, or otherwise dealing with premises, until this Court has finally disposed of the application or the Supreme Court proceedings have concluded, whichever occurs first.