Metroplitan Petar v Mitreski [2002] NSWSC 125

Metroplitan Petar v Mitreski [2002] NSWSC 125

The defendants were required to file and serve their defence before the adequacy of the security for costs was determined because the matter needed to progress toward finality, the trial fixture should not be endangered, the plaintiffs had produced deeds propounded as security, and guarantees totalling about $145,000 appeared enforceable on their face and sufficient to secure costs incurred in preparing the defence before the further hearing on 14 March 2002.

Jurisdiction
Australia
Judgment Date
22 February 2002
Procedural Posture
Equity Proceedings Involving Security for Costs and Directions / Further Directions Before Trial Concerning Filing of Defence Pending Determination of Adequacy of Security for Costs
Outcome
The first to sixth and eighth defendants were directed to file and serve their defence on or before 13 March 2002; the matter was adjourned for further directions; costs of the day were reserved.
Legal Topics
['security for Costs' 'filing and Service of Defence' 'case Management Directions' 'adequacy of Guarantees']
['civil Procedure' 'equity'] ['security for Costs' 'filing and Service of Defence' 'case Management Directions' 'adequacy of Guarantees']

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Procedural Posture

Equity Proceedings Involving Security for Costs and Directions / Further Directions Before Trial Concerning Filing of Defence Pending Determination of Adequacy of Security for Costs

Legal Issues

  1. 1 ["Whether the defendants should be required to prepare and file a defence before the Chief Judge in Equity determines the adequacy of the plaintiffs' security for costs." 'Whether the guarantees provided by the plaintiffs should postpone compliance with the direction to file a defence.']

Ratio Decidendi

The defendants were required to file and serve their defence before the adequacy of the security for costs was determined because the matter needed to progress toward finality, the trial fixture should not be endangered, the plaintiffs had produced deeds propounded as security, and guarantees totalling about $145,000 appeared enforceable on their face and sufficient to secure costs incurred in preparing the defence before the further hearing on 14 March 2002.

Court Disposition

The first to sixth and eighth defendants were directed to file and serve their defence on or before 13 March 2002; the matter was adjourned for further directions; costs of the day were reserved.

Orders

  • ['I direct that the first to sixth and eighth defendants file and serve their defence on or before 13 March 2002.' 'I adjourn the matter to 9.30am on 20 March 2002 before me for further directions.' 'The costs of today are reserved.']