Gujarat NRE India Pty Ltd v Wollongong Coal Ltd (No 2)

The case before the court was an application by Gujarat NRE India Pty Ltd (the defendant) for a stay of execution or enforcement of an order made by the primary judge until the determination of an appeal the defendant had commenced against the orders made in the primary judgment. The plaintiff, Wollongong Coal Ltd, opposed the defendant's application for a stay of execution. The application was heard by Justice Bromberg.

The legal issues that the court was required to decide included whether the defendant was entitled to a stay of execution or enforcement of the order made by the primary judge and, if so, what conditions should be attached to such a stay. The court also had to determine the appropriate basis for the costs of the proceedings.

The court rejected the defendant's application for a stay of enforcement, but granted leave for the defendant to offer to provide security to the plaintiff. The court granted leave to the defendant to renew its application for a stay of execution, limited to the provision of a reasonable level of security to the plaintiff to protect the plaintiff against the consequences of the stay being granted. The court also determined that the defendant should pay costs on the indemnity basis after the date of service of the valid offer of compromise by the plaintiff and on the ordinary basis up to and including the date of service of the valid offer of compromise by the plaintiff.

The court made orders consistent with its decision, including that the defendant pay the plaintiff's costs on the indemnity basis after the date of service of the valid offer of compromise by the plaintiff and on the ordinary basis up to and including the date of service of the valid offer of compromise by the plaintiff.