NSL Pty Limited & Anor v 2 Roslyn Street Pty Limited & Anor [2006] NSWSC 142

NSL Pty Limited & Anor v 2 Roslyn Street Pty Limited & Anor [2006] NSWSC 142

The Deputy Registrar's order struck the correct balance between protecting the defendant and avoiding injustice to the plaintiffs. The Deputy Registrar acted within the proper discretion, and the notice of motion to review the decision is dismissed. The decisions of Deputy Registrar Haggett dated 12 August 2005 are affirmed. The first defendant is to pay the plaintiffs' costs.

Parties
First Plaintiff: NSL Pty Limited; Second Plaintiff: Peter Clare; First Defendant: 2 Roslyn Street Pty Limited; Second Defendant: Pink Star Entertainment Pty Limited
Jurisdiction
Australia
Judgment Date
15 March 2006
Procedural Posture
Notice of Motion / Review of Registrar's Decision
Outcome
Notice of motion dismissed; Registrar's decisions affirmed; first defendant to pay plaintiffs' costs.
Legal Topics
Security for Costs, Costs
Civil Procedure Security for Costs Costs

Case Brief

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Parties

NSL Pty Limited

First Plaintiff

Peter Clare

Second Plaintiff

2 Roslyn Street Pty Limited

First Defendant

Pink Star Entertainment Pty Limited

Second Defendant

Procedural Posture

Notice of Motion / Review of Registrar's Decision

Legal Issues

  1. 1 Whether the Deputy Registrar exercised discretion correctly in ordering security for costs and costs.
  2. 2 Whether adequate protection was provided to the defendant regarding costs.
  3. 3 Whether Mr Clare should be cross-examined.

Ratio Decidendi

The Deputy Registrar's order struck the correct balance between protecting the defendant and avoiding injustice to the plaintiffs. The Deputy Registrar acted within the proper discretion, and the notice of motion to review the decision is dismissed. The decisions of Deputy Registrar Haggett dated 12 August 2005 are affirmed. The first defendant is to pay the plaintiffs' costs.

Court Disposition

Notice of motion dismissed; Registrar's decisions affirmed; first defendant to pay plaintiffs' costs.

Orders

  • The notice of motion filed 8 September 2005 is dismissed.
  • The decisions of Deputy Registrar Haggett dated 12 August 2005 are affirmed.