Ninan v St George Bank Ltd (No 2) [2013] FCA 273

Ninan v St George Bank Ltd (No 2) [2013] FCA 273

The applicants failed to demonstrate any material change in circumstances or new evidence to justify variation of previous security for costs orders. Their continued non-compliance, combined with serious pleading deficiencies and prejudice suffered by respondents, warranted dismissal of proceedings against the affected respondents and orders for costs.

Jurisdiction
Australia
Judgment Date
28 March 2013
Procedural Posture
Interlocutory Application / Final Determination of Interlocutory Applications and Orders for Dismissal of Proceedings Against Certain Respondents
Outcome
Applicants' amended interlocutory application dismissed; proceedings against the second, fourth, fifth, sixth, seventh, eighth, ninth and tenth respondents dismissed.
Legal Topics
['security for Costs' 'variation or Setting Aside Security for Costs Orders' 'dismissal for Non Compliance' 'costs']
['practice and Procedure'] ['security for Costs' 'variation or Setting Aside Security for Costs Orders' 'dismissal for Non Compliance' 'costs']

Case Brief

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Procedural Posture

Interlocutory Application / Final Determination of Interlocutory Applications and Orders for Dismissal of Proceedings Against Certain Respondents

Legal Issues

  1. 1 ['Whether the Court should vary or set aside previous orders for security for costs' 'Whether to dismiss proceedings against certain respondents for non-compliance with security for costs orders']

Ratio Decidendi

The applicants failed to demonstrate any material change in circumstances or new evidence to justify variation of previous security for costs orders. Their continued non-compliance, combined with serious pleading deficiencies and prejudice suffered by respondents, warranted dismissal of proceedings against the affected respondents and orders for costs.

Court Disposition

Applicants' amended interlocutory application dismissed; proceedings against the second, fourth, fifth, sixth, seventh, eighth, ninth and tenth respondents dismissed.

Orders

  • ["The applicants' amended interlocutory application filed on 7 February 2013 be dismissed." "The applicants pay the costs of the second, fourth, fifth, sixth, seventh, eighth, ninth and tenth respondents of both the applicants' interlocutory application filed on 20 December 2012 and the applicants' amended...