Jazabas Pty Ltd & Ors v Haddad & Ors [2010] NSWSC 594

Jazabas Pty Ltd & Ors v Haddad & Ors [2010] NSWSC 594

The Associate Justice did not err in law or fact in refusing to lift the stay of proceedings; personal undertakings of shareholders without demonstrable pecuniary worth are insufficient security, and the existence of outstanding, unpaid costs in prior litigation further justified maintaining the stay. No material change in circumstances or weighty public interest was established to overturn the discretionary decision.

Jurisdiction
Australia
Judgment Date
04 June 2010
Procedural Posture
Appeal (from Associate Judge to Judge) / Judgment on Notice of Motion to Lift Stay of Proceedings and Orders as to Costs
Outcome
Plaintiffs' notice of motion dismissed; costs awarded against plaintiffs.
Legal Topics
['security for Costs' 'stay of Proceedings' 'appeal Extension of Time' 'personal Undertakings' 'impecunious Plaintiffs' 'public Interest' 'costs Orders' 'rule 12.10 Ucpr']
['civil Procedure'] ['security for Costs' 'stay of Proceedings' 'appeal Extension of Time' 'personal Undertakings' 'impecunious Plaintiffs' 'public Interest' 'costs Orders' 'rule 12.10 Ucpr']

Case Brief

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Procedural Posture

Appeal (from Associate Judge to Judge) / Judgment on Notice of Motion to Lift Stay of Proceedings and Orders as to Costs

Legal Issues

  1. 1 ['Whether leave should be granted to extend the time for bringing appeal under Pt 49 r 8 UCPR' 'Whether the Associate Justice erred in refusing to lift stay of proceedings' 'Whether sufficient weight was given to personal undertakings as security for costs' 'Whether public interest justified lifting stay' 'Whether error disclosed regarding weight given to outstanding costs under r 12.10 UCPR']

Ratio Decidendi

The Associate Justice did not err in law or fact in refusing to lift the stay of proceedings; personal undertakings of shareholders without demonstrable pecuniary worth are insufficient security, and the existence of outstanding, unpaid costs in prior litigation further justified maintaining the stay. No material change in circumstances or weighty public interest was established to overturn the discretionary decision.

Court Disposition

Plaintiffs' notice of motion dismissed; costs awarded against plaintiffs.

Orders

  • ["The plaintiffs' notice of motion is dismissed." "The plaintiffs are to pay the defendants' costs." 'Such costs as are payable to the third defendant are to be payable forthwith as reflected in the orders made by consent on 5 August 2009.' 'Such costs as are payable to the first and second defendants are to be...