Wollongong City Council v Legal Business Centre Pty Limited (No 2)

[2012] NSWCA 366

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Extension of time for compliance with order
4. › Whether submissions addressing merits of earlier judgment rather than extension application
5. › Whether abuse of court's processes
1. Practice and Procedure
2. › Abuse of process
3. › Filing of material irrelevant to application before the court
4. › Submissions attacking earlier judgment on application to extend time for compliance
1. Practice and Procedure
2. › Written submissions
3. › Filing of submissions without court direction
4. › Whether court will have regard to unsolicited submissions

Quick Take

An application to extend time to comply with a security for costs order must address why further time is needed and what steps have been taken to obtain security. Submissions that instead attack the earlier judgment or re-agitate the merits of the underlying claim constitute an abuse of the court's processes. An offer of alternative security by way of unregistered mortgage must be supported by evidence of the property's value and the offeror's equity in it.