GMW Urban Pty Ltd v Alexandria Landfill Pty Ltd [2013] NSWSC 660

GMW Urban Pty Ltd v Alexandria Landfill Pty Ltd [2013] NSWSC 660

Security for costs should be ordered as the plaintiff is a company in administration with no evidence others standing behind the litigation are unable or unwilling to meet an adverse costs order and discretionary factors do not outweigh the general rule.

Jurisdiction
Australia
Judgment Date
30 May 2013
Procedural Posture
Interlocutory Application / Security for Costs Application
Outcome
Security for costs ordered
Legal Topics
['security for Costs' 'impecunious Plaintiff' 'litigation Funding' 'delay' 'stultification']
['civil Procedure'] ['security for Costs' 'impecunious Plaintiff' 'litigation Funding' 'delay' 'stultification']

Case Brief

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Procedural Posture

Interlocutory Application / Security for Costs Application

Legal Issues

  1. 1 ['Whether security for costs should be ordered against the plaintiff company in administration' "Consideration of discretionary factors for security for costs: delay, defendant's contribution to impecuniosity, risk of stultification"]

Ratio Decidendi

Security for costs should be ordered as the plaintiff is a company in administration with no evidence others standing behind the litigation are unable or unwilling to meet an adverse costs order and discretionary factors do not outweigh the general rule.

Court Disposition

Security for costs ordered

Orders

  • ['Plaintiff to provide security for costs in the sum of $400,000']