Allsop Investments Pty Ltd v Jerkovic & Ors [2021] NSWSC 1399

Allsop Investments Pty Ltd v Jerkovic & Ors [2021] NSWSC 1399

Weighing all relevant factors, including the plaintiff's financial position, the willingness of Mr Allsop to be personally liable, the overlapping plaintiff/defendant role of the corporate plaintiff, the size of the claim, the history of the proceedings, and the nature of the cross-claim, the Court was not persuaded that security for costs should be ordered against the plaintiff. The application for payment forthwith of interlocutory costs was also refused, and directions given to ensure discipline and containment of costs regarding the Court expert. Directions were also given for pleadings and the imposition of potential cost capping orders.

Jurisdiction
Australia
Judgment Date
23 November 2021
Procedural Posture
Interlocutory Application / Post Interlocutory, Procedural Directions and Costs Orders
Outcome
Defendants' Motions for security for costs and for payment forthwith of past costs dismissed; plaintiff's Motion otherwise dismissed; orders made for costs containment, further directions for expert and pleadings, with liberty to apply.
Legal Topics
['security for Costs' 'interlocutory Costs' 'court Appointed Experts' 'costs Capping']
['equity' 'civil Procedure'] ['security for Costs' 'interlocutory Costs' 'court Appointed Experts' 'costs Capping']

Case Brief

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Procedural Posture

Interlocutory Application / Post Interlocutory, Procedural Directions and Costs Orders

Legal Issues

  1. 1 ['Whether to order security for costs against the corporate plaintiff under Corporations Act 2001 (Cth), s 1335 and UCPR r 42.21' 'Whether interlocutory costs orders in favour of the defendants should be payable forthwith under UCPR, r 42.7' "What directions should be given for the conduct of the Court-appointed expert's task" 'Whether ancillary and final relief sought in Motions, including amendment of pleadings and costs capping, should be granted']

Ratio Decidendi

Weighing all relevant factors, including the plaintiff's financial position, the willingness of Mr Allsop to be personally liable, the overlapping plaintiff/defendant role of the corporate plaintiff, the size of the claim, the history of the proceedings, and the nature of the cross-claim, the Court was not persuaded that security for costs should be ordered against the plaintiff. The application for payment forthwith of interlocutory costs was also refused, and directions given to ensure discipline and containment of costs regarding the Court expert. Directions were also given for pleadings and the imposition of potential cost capping orders.

Court Disposition

Defendants' Motions for security for costs and for payment forthwith of past costs dismissed; plaintiff's Motion otherwise dismissed; orders made for costs containment, further directions for expert and pleadings, with liberty to apply.

Orders

  • ['Mr Jeremy Allsop to be jointly and severally liable with the plaintiff for any order for costs made against the plaintiff.' 'Plaintiff to provide draft Second Further Amended Statement of Claim to defendants within 28 days alleging fraud or dishonesty, particulars to be provided.' 'No further subpoena to Mr...