The Owners - Strata Plan 87265 v Saaib [2019] NSWSC 289

The Owners - Strata Plan 87265 v Saaib [2019] NSWSC 289

Security for costs was refused because the Owners Corporation's impecuniosity was caused by its borrowing to fund litigation relating to the defendant’s alleged conduct; it would not be just to order security on these facts.

Parties
Plaintiff/respondent: The Owners - Strata Plan 87265; First Defendant/applicant: Tony Saaib; Second Defendant: Greenfield Certifiers Pty Ltd; Third Defendant: George Wallace Watts
Jurisdiction
Australia
Judgment Date
20 March 2019
Procedural Posture
Security for Costs Application / Interlocutory Motion
Outcome
First defendant's application for security for costs is dismissed with costs.
Legal Topics
Security for Costs, Impecuniosity, Delay, Strata Title Litigation
Civil Procedure Building and Construction Law Security for Costs Impecuniosity Delay Strata Title Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 13 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

The Owners - Strata Plan 87265

Plaintiff/respondent

Tony Saaib

First Defendant/applicant

Greenfield Certifiers Pty Ltd

Second Defendant

George Wallace Watts

Third Defendant

Procedural Posture

Security for Costs Application / Interlocutory Motion

Legal Issues

  1. 1 Whether security for costs should be ordered against the Owners Corporation
  2. 2 Whether the Owners Corporation’s impecuniosity is attributable to the defendant’s conduct
  3. 3 Whether delay in bringing the application affects the exercise of discretion

Ratio Decidendi

Security for costs was refused because the Owners Corporation's impecuniosity was caused by its borrowing to fund litigation relating to the defendant’s alleged conduct; it would not be just to order security on these facts.

Court Disposition

First defendant's application for security for costs is dismissed with costs.

Orders

  • Notice of motion of 12 November 2018 dismissed with costs.