Dovade Pty Limited & 5 Ors v Linsday Shaddock & 51 Ors [1999] NSWSC 142

Dovade Pty Limited & 5 Ors v Linsday Shaddock & 51 Ors [1999] NSWSC 142

Justice favours the defendants because the plaintiffs have failed to provide satisfactory evidence for inability to provide security for costs, nor proven material change in circumstances; nevertheless, a further (final) extension of time to comply is granted otherwise the proceedings will be dismissed.

Jurisdiction
Australia
Judgment Date
04 March 1999
Procedural Posture
Civil / Interlocutory (security for Costs, Extension of Time, Dismissal Sought)
Outcome
Orders for extension of time to lodge security, costs against first plaintiff, further directions for possible dismissal.
Legal Topics
['security for Costs' 'extension of Time' 'dismissal for Non Compliance' 'variation of Orders']
['civil Procedure'] ['security for Costs' 'extension of Time' 'dismissal for Non Compliance' 'variation of Orders']

Case Brief

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Procedural Posture

Civil / Interlocutory (security for Costs, Extension of Time, Dismissal Sought)

Legal Issues

  1. 1 ['Whether to grant extension of time to lodge security for costs' 'Whether to dismiss proceedings for failure to lodge security' 'Whether to vary previous orders regarding security for costs']

Ratio Decidendi

Justice favours the defendants because the plaintiffs have failed to provide satisfactory evidence for inability to provide security for costs, nor proven material change in circumstances; nevertheless, a further (final) extension of time to comply is granted otherwise the proceedings will be dismissed.

Court Disposition

Orders for extension of time to lodge security, costs against first plaintiff, further directions for possible dismissal.

Orders

  • ["Paragraphs (1) and (2) of previous orders varied to read 'first plaintiff' instead of 'plaintiffs'." 'Paragraph (4) of previous orders extended to 1 April 1999.' "First plaintiff to pay defendants' costs of these three motions (filed 24 February 1999)." "Matter stood over to registrar's list at 9.30 am on 6 April...