Jiang v Han [2022] NSWSC 1398

Jiang v Han [2022] NSWSC 1398

Security for costs is ordered against the cross-claimants as cross-claim is not genuinely defensive in nature, there are credible reasons to believe the cross-claimants may be unable to pay costs, and the undertaking offered is not a sufficient form of security. The quantum is appropriately set at $215,305. The cross-claimants are required to provide answers to request for particulars given deficiencies in their pleadings.

Jurisdiction
Australia
Judgment Date
18 October 2022
Procedural Posture
Notice of Motion for Security for Costs and Particulars in Cross Claim / Interlocutory/procedural Order
Outcome
Security for costs ordered against cross-claimants; cross-claim may be stayed if security not provided; cross-claimants to answer particulars; costs of motion ordered against cross-claimants.
Legal Topics
['security for Costs' 'cross Claims' 'particulars of Pleadings']
['civil Procedure'] ['security for Costs' 'cross Claims' 'particulars of Pleadings']

Case Brief

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Procedural Posture

Notice of Motion for Security for Costs and Particulars in Cross Claim / Interlocutory/procedural Order

Legal Issues

  1. 1 ['Whether security for costs should be ordered against cross-claimants' 'Whether cross-claim is defensive in nature' 'Adequacy of undertaking as security' 'Adequacy of particulars in cross-claim']

Ratio Decidendi

Security for costs is ordered against the cross-claimants as cross-claim is not genuinely defensive in nature, there are credible reasons to believe the cross-claimants may be unable to pay costs, and the undertaking offered is not a sufficient form of security. The quantum is appropriately set at $215,305. The cross-claimants are required to provide answers to request for particulars given deficiencies in their pleadings.

Court Disposition

Security for costs ordered against cross-claimants; cross-claim may be stayed if security not provided; cross-claimants to answer particulars; costs of motion ordered against cross-claimants.

Orders

  • ["Cross-claimants to provide security for plaintiff/cross-defendant's costs of cross-claim in amount of $215,305.00 within 28 days, by unconditional bank guarantee acceptable to plaintiff/cross-defendant or payment into court." 'Cross-claim to be stayed if security not provided within specified time until further...