Ninan v St George Bank Ltd [2012] FCA 905

Ninan v St George Bank Ltd [2012] FCA 905

Given the applicants' admitted impecuniosity, ordinary residence outside Australia, lack of assets in Australia, seriously deficient pleadings, absence of evidence substantiating that impecuniosity was caused by the respondents, and the inapplicability of the Foreign Judgments Act 1991 (Cth) to the applicants' country of residence, the Court exercises its discretion to order security for costs in the specific amounts for the relevant respondents.

Jurisdiction
Australia
Judgment Date
23 August 2012
Procedural Posture
Interlocutory Application / Security for Costs Determination
Outcome
Applications for security for costs granted against applicants in favour of specified respondents.
Legal Topics
['security for Costs' 'impecunious Litigants' 'residence Outside Jurisdiction' 'pleading Requirements']
['civil Procedure'] ['security for Costs' 'impecunious Litigants' 'residence Outside Jurisdiction' 'pleading Requirements']

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 impecunious, foreign-resident, natural person applicants;' 'Whether deficiencies in pleading and residence outside jurisdiction justify security;' "Whether applicants' alleged impecuniosity was caused by respondent conduct;" 'Appropriate quantum and procedural form for security for costs']

Ratio Decidendi

Given the applicants' admitted impecuniosity, ordinary residence outside Australia, lack of assets in Australia, seriously deficient pleadings, absence of evidence substantiating that impecuniosity was caused by the respondents, and the inapplicability of the Foreign Judgments Act 1991 (Cth) to the applicants' country of residence, the Court exercises its discretion to order security for costs in the specific amounts for the relevant respondents.

Court Disposition

Applications for security for costs granted against applicants in favour of specified respondents.

Orders

  • ['Applicants to provide security for costs by bank guarantee for: second respondent $16,600; fourth and fifth respondents $21,500; sixth respondent $23,500; seventh and eighth respondents $22,500; ninth respondent $29,000; tenth respondent $35,730.' 'Bank guarantees to be lodged by 31 December 2012.' 'Proceedings...