Recent Cases

Ranclose Investments Pty Ltd v Leda Management Services Pty Ltd [2022] NSWCA 206 (18 October 2022) (Brereton and Mitchelmore JJA)


Catchwords:


COSTS – security for costs – power to order – where application made by first defendant in District Court for security for future costs of proceedings – where security not provided and proceedings against first and second defendants dismissed – whether power of dismissal under rule 42.21(3) of the Uniform Civil Procedure Rules 2005 (NSW) conditional on defendant seeking dismissal having security for costs order in its favour – whether discretion to dismiss proceedings miscarried – grant of leave to appeal

COSTS – security for costs – power to order – whether rule 42.21(3) of the Uniform Civil Procedure Rules 2005 (NSW) is invalid pursuant to s 109 of the Constitution (Cth) due to direct inconsistency with s 1335 of the Corporations Act 2001 (Cth) – no substantive inconsistency demonstrated

APPEALS – leave to appeal – where application filed out of time – where delay attributable to inadvertence of solicitors rather than applicants – consideration of discretionary factors for extension of time under rule 51.10(2) of the Uniform Civil Procedure Rules 2005 (NSW)

APPEALS – leave to appeal – adequacy of reasons for costs of cross-claim – no issue of principle