Carey & Ors v Industrial Relations Commission & Ors [1999] NSWCA 189

Carey & Ors v Industrial Relations Commission & Ors [1999] NSWCA 189

Security for costs ordered against the 2nd and 3rd claimants as the 2nd claimant was not resident in NSW and the 3rd claimant was a corporate entity unlikely to be able to pay a costs order, and because claimants' arguments as to the co-plaintiff principle and benefit of the proceedings did not preclude the making of such orders in the circumstances.

Jurisdiction
Australia
Judgment Date
11 June 1999
Procedural Posture
Security for Costs Application / Interlocutory Motion in Court of Appeal
Outcome
Security for costs ordered as against the 2nd and 3rd claimants on the summons
Legal Topics
['security for Costs' 'industrial Relations' 'procedural Fairness']
['civil Procedure'] ['security for Costs' 'industrial Relations' 'procedural Fairness']

Case Brief

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Procedural Posture

Security for Costs Application / Interlocutory Motion in Court of Appeal

Legal Issues

  1. 1 ['Whether security for costs should be ordered against the 2nd and 3rd claimants on the summons' "Whether the 'co-plaintiff principle' prevents an order for security for costs against some claimants" "Whether the proceedings are in substance for the benefit of claimants' solicitors rather than claimants"]

Ratio Decidendi

Security for costs ordered against the 2nd and 3rd claimants as the 2nd claimant was not resident in NSW and the 3rd claimant was a corporate entity unlikely to be able to pay a costs order, and because claimants' arguments as to the co-plaintiff principle and benefit of the proceedings did not preclude the making of such orders in the circumstances.

Court Disposition

Security for costs ordered as against the 2nd and 3rd claimants on the summons

Orders

  • ['The 2nd and 3rd claimants (Paul Lane and PK Lane Holdings Pty Ltd) each to provide security for costs in the sum of $8,000, form of security as agreed or settled by Registrar if not agreed' 'Proceedings stayed as against the 2nd and 3rd claimants until security is provided by each respectively' 'Proceedings listed...