NEW SOUTH WALES COURT OF APPEAL
CITATION:
Charara v Integrex Pty Ltd [2010] NSWCA 342
FILE NUMBER(S):
2010/152993
HEARING DATE(S):
7 December 2010
EX TEMPORE DATE:
7 December 2010
PARTIES:
Integrex Pty Ltd - Applicant on the motion
Jamal Charara - Respondent on the motion
JUDGMENT OF:
McColl JA
LOWER COURT JURISDICTION:
Supreme Court
LOWER COURT FILE NUMBER(S):
2010/152993
LOWER COURT JUDICIAL OFFICER:
Palmer J
LOWER COURT DATE OF DECISION:
28 September 2010
LOWER COURT MEDIUM NEUTRAL CITATION:
[2010] NSWSC 1131
COUNSEL:
D O’Connor for the applicant on the motion
Respondent on the motion in person
SOLICITORS:
Mercantile Legal for the applicant on the motion
Respondent on the motion in person
CATCHWORDS:
PRACTICE & PROCEDURE – Court of Appeal – application for leave to appeal – security for costs – UCPR 51.50 – only for appeals – inherent jurisdiction – relevant factors
LEGISLATION CITED:
Uniform Civil Procedure Rules 2005 (NSW)
Uniform Civil Procedure Rules 1999 (Qld)
CATEGORY:
Procedural and other rulings
CASES CITED:
Bahr v Nicolay (No 1) [1987] HCA 32; (1987) 163 CLR 490
Bell v Bay-Jespersen [2004] QCA 68; 2 Qd R 235
Fleming v Marshall [2010] NSWCA 152
Green v CGU Insurance Limited [2008] NSWCA 148; (2008) 67 ACSR 105
Iskandar v Merpati Nusantara Airlines [2006] NTCA 3; (2006) 16 NTLR 22
JH Billington Ltd v Billington [1907] 2 KB 106
King v Commercial Bank of Australia Ltd [1920] HCA 62; (1920) 28 CLR 289
Pioneer Park Pty Ltd (In liq) v Australia & New Zealand Banking Group Ltd [2007] NSWCA 344; (2007) 25 ACLC 1,707
Rajski v Computer Manufacture & Design Pty Ltd [1982] 2 NSWLR 443
Rajski v Computer Manufacture & Design Pty Ltd [1983] 2 NSWLR 122
TEXTS CITED:
DECISION:
1. Order Mr Charara provide security for Integrex's costs of these proceedings in the sum of $1,000, such security to be paid into court within 14 days. 2. Order that until such security is provided, these proceedings be stayed. 3. Order Mr Charara to pay Integrex's costs of and incidental to this motion, with the exception of the costs of and incidental to it in respect of 6 December 2010.
[The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
JUDGMENT:
IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL
2010/152993
McCOLL JA
7 December 2010
Charara v Integrex Pty Ltd
Ex tempore judgment
McColl JA: This is an application for security for costs made by Integrex Pty Ltd, the respondent to an application for leave to appeal brought by Jamal Charara. The application for leave to appeal has been listed for hearing on 8 February 2011.
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- AGLC
- Charara v Integrex Pty Ltd [2010] NSWCA 342
- Case
- [2010] NSWCA 342
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court of Appeal was whether it had the power to order Mr Charara to provide security for Integrex's costs of the appeal. This question involved consideration of Rule 51.50 of the Uniform Civil Procedure Rules 2005 (NSW), which specifically addresses security for costs in appeal proceedings, and the inherent jurisdiction of the Court.
McColl JA determined that Rule 51.50 of the UCPR was the operative rule for applications for security for costs in appeal proceedings. The Court found that the rule applied to applications for leave to appeal as well as substantive appeals. Considering the circumstances, including the applicant's financial position, the Court ordered Mr Charara to provide security for Integrex's costs in the sum of $1,000, to be paid into court within 14 days. Until this security was provided, the appeal proceedings were to be stayed. Mr Charara was also ordered to pay Integrex's costs of the motion, with a specific exception for costs related to a particular date.
Orders
Orders of the court
1. Order Mr Charara provide security for Integrex's costs of these proceedings in the sum of $1,000, such security to be paid into court within 14 days. 2. Order that until such security is provided, these proceedings be stayed. 3. Order Mr Charara to pay Integrex's costs of and incidental to this motion, with the exception of the costs of and incidental to it in respect of 6 December 2010.
[The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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