Young v Cooke (No 2) [2018] NSWSC 1787

Young v Cooke (No 2) [2018] NSWSC 1787

The defendants were substantially successful on the discrete security for costs motion, and there was a substantial likelihood that the plaintiff would not pay the ordered security so that the appeal would remain stayed. If costs were merely costs in the cause or reserved, the defendants would likely be prejudiced and lose the practical benefit of recovering the costs of the motion. Although the defendants did not obtain the full quantum of security sought, the interests of justice required the plaintiff to pay the defendants' ordinary costs of the further amended notice of motion. Because the motion was a discrete interlocutory application, the appeal had already been found not...

Jurisdiction
Australia
Judgment Date
21 November 2018
Procedural Posture
Costs Application Following Successful Security for Costs Application in an Appeal From the Local Court of New South Wales / Determination on the Papers of Costs of the Further Amended Notice of Motion Filed on 3 October 2017
Outcome
Application for costs granted in favour of the defendants; costs ordered payable forthwith.
Legal Topics
['security for Costs' 'costs Follow the Event' 'interlocutory Costs' 'costs Payable Forthwith' 'ucpr R 42.1' 'ucpr R 42.7']
['civil Procedure' 'costs'] ['security for Costs' 'costs Follow the Event' 'interlocutory Costs' 'costs Payable Forthwith' 'ucpr R 42.1' 'ucpr R 42.7']

Case Brief

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Procedural Posture

Costs Application Following Successful Security for Costs Application in an Appeal From the Local Court of New South Wales / Determination on the Papers of Costs of the Further Amended Notice of Motion Filed on 3 October 2017

Legal Issues

  1. 1 ['Whether it is appropriate to order that costs follow the event in a successful security for costs application.' 'If there is a basis to order that costs follow, whether the costs should be payable forthwith.']

Ratio Decidendi

The defendants were substantially successful on the discrete security for costs motion, and there was a substantial likelihood that the plaintiff would not pay the ordered security so that the appeal would remain stayed. If costs were merely costs in the cause or reserved, the defendants would likely be prejudiced and lose the practical benefit of recovering the costs of the motion. Although the defendants did not obtain the full quantum of security sought, the interests of justice required the plaintiff to pay the defendants' ordinary costs of the further amended notice of motion. Because the motion was a discrete interlocutory application, the appeal had already been found not...

Court Disposition

Application for costs granted in favour of the defendants; costs ordered payable forthwith.

Orders

  • ["The plaintiff shall pay the defendants' ordinary costs of the further amended notice of motion filed on 3 October 2017, as agreed or assessed, payable forthwith."]