In the matter of Elsmore Resources Ltd [2014] NSWSC 1390

In the matter of Elsmore Resources Ltd [2014] NSWSC 1390

Although the security for costs application was a discrete interlocutory matter and the proceedings might have some time to run, Elsmore Resources had not acted unreasonably in resisting security for costs and there was a real risk that requiring costs to be paid forthwith could operate unfairly or stultify the proceedings. The Court therefore ordered the Plaintiff to pay the costs of and incidental to the security for costs application as agreed or assessed, but did not order that those costs be paid forthwith.

Jurisdiction
Australia
Judgment Date
10 October 2014
Procedural Posture
Costs; Security for Costs / Determination of Costs Following Interlocutory Security for Costs Application
Outcome
Order made for the Plaintiff to pay the costs of and incidental to the security for costs application as agreed or as assessed; no order that the costs be paid forthwith.
Legal Topics
['interlocutory Costs' 'security for Costs' 'costs Payable Forthwith' 'unreasonable Conduct']
['civil Procedure' 'corporations'] ['interlocutory Costs' 'security for Costs' 'costs Payable Forthwith' 'unreasonable Conduct']

Case Brief

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Procedural Posture

Costs; Security for Costs / Determination of Costs Following Interlocutory Security for Costs Application

Legal Issues

  1. 1 ["Whether the Plaintiff should pay the costs of and incidental to the Third Defendant's security for costs application." 'Whether the costs of the security for costs application should be payable forthwith rather than at the conclusion of the proceedings.']

Ratio Decidendi

Although the security for costs application was a discrete interlocutory matter and the proceedings might have some time to run, Elsmore Resources had not acted unreasonably in resisting security for costs and there was a real risk that requiring costs to be paid forthwith could operate unfairly or stultify the proceedings. The Court therefore ordered the Plaintiff to pay the costs of and incidental to the security for costs application as agreed or assessed, but did not order that those costs be paid forthwith.

Court Disposition

Order made for the Plaintiff to pay the costs of and incidental to the security for costs application as agreed or as assessed; no order that the costs be paid forthwith.

Orders

  • ['The Plaintiff pay the costs of and incidental to the security for costs application heard before Black J on 1 September 2014, as agreed or as assessed.']