Barnden v Zulian; Barnden v Commissioner of Taxation [2018] NSWSC 1980 — Applications & Issue Estoppel — Barrister AI

Barnden v Zulian; Barnden v Commissioner of Taxation

[2018] NSWSC 1980

Supreme Court of NSW

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Interrogate

Catchwords

1. Practice and Procedure
2. › applications
3. › security for costs order
4. › general principles as to ordering security for costs against plaintiff liquidator
5. › whether there is reason to believe that the liquidator will be unable to meet an adverse cost order
6. › relevance of professional indemnity insurance
7. › onus on party making the application to show there is a “reason to believe” the other party will not meet an adverse cost order
1. Estoppel
2. › issue estoppel
3. › where first application for security for costs settled by consent orders
4. › where consent orders provided for the plaintiff to furnish security
5. › second application made for security for costs
6. › whether an issue estoppel arose to preclude the plaintiff from denying “liability” in the second application to furnish further security
1. Practice and Procedure
2. › abuse of process
3. › interlocutory applications
4. › where first application for security for costs settled by consent orders
5. › where consent orders provided for the plaintiff to furnish security
6. › second application made for security for costs
7. › whether such application an abuse of process
8. › case management considerations

Case Details

Citation[2018] NSWSC 1980

CourtNSWSC

JurisdictionNew South Wales

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Cited by3

2019Hancock v RinehartNSWSC 1451
2019A-Tech Australia Pty Ltd v Top Pacific Construction Aust Pty LtdNSWSC 404
2018In the matter of Combined Projects (Arncliffe) Pty LtdNSWSC 1070

Relies on15

2018Australian Worldwide Pty Ltd v AW Exports Pty LtdNSWSC 1632
2018UBS AG v TyneHCA 45
2018Kupang Resources Ltd (subject to Deed Of Company Arrangement) v EliasNSWSC 1553
2018Devine v Liu; Devine v HoNSWSC 1453
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