Biocare Global LLC v David Frederick Booth Willis t/as Augmented Creative Studio [2023] NSWDC 65

Biocare Global LLC v David Frederick Booth Willis t/as Augmented Creative Studio [2023] NSWDC 65

The plaintiff is a foreign corporation and admits it cannot pay a costs order if adverse. There is no evidence that the company's director will stand behind the plaintiff for costs. Therefore, security for costs is appropriate and must be provided by the plaintiff to protect the defendant, with the amount set at $27,000, subject to future revision.

Jurisdiction
Australia
Judgment Date
10 March 2023
Procedural Posture
Interlocutory Application / Security for Costs Determination
Outcome
Plaintiff ordered to provide security for costs; proceedings stayed if security not provided; orders reserved for future revision; orders for costs in the cause.
Legal Topics
['security for Costs' 'foreign Corporate Plaintiff' 'uniform Civil Procedure Rules 2005 (nsw) R 42.21']
['civil Procedure'] ['security for Costs' 'foreign Corporate Plaintiff' 'uniform Civil Procedure Rules 2005 (nsw) R 42.21']

Case Brief

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Procedural Posture

Interlocutory Application / Security for Costs Determination

Legal Issues

  1. 1 ['Whether security for costs should be ordered against a foreign corporate plaintiff' 'Impecuniosity of the plaintiff and its impact on proceedings' 'Merits of the defence in context of security for costs' 'Risk of evidence and instructions from foreign jurisdictions']

Ratio Decidendi

The plaintiff is a foreign corporation and admits it cannot pay a costs order if adverse. There is no evidence that the company's director will stand behind the plaintiff for costs. Therefore, security for costs is appropriate and must be provided by the plaintiff to protect the defendant, with the amount set at $27,000, subject to future revision.

Court Disposition

Plaintiff ordered to provide security for costs; proceedings stayed if security not provided; orders reserved for future revision; orders for costs in the cause.

Orders

  • ["The Plaintiff to provide security for the Defendant's costs in the sum of $27,000 by payment into court within 28 days of 10 March 2023." 'In the event of the Plaintiff failing to satisfy Order 1, the proceedings be stayed until security is provided.' 'These orders are to be revisited by the Court when the matter...