Cocks v Foreman [2009] NSWDC 34

Cocks v Foreman [2009] NSWDC 34

The application was dismissed because the plaintiff's residence outside the jurisdiction was apparent when the statement of claim was served, but the defendant waited about eighteen months before applying for security for costs; that inexcusable delay was fatal to the application.

Jurisdiction
Australia
Judgment Date
16 February 2009
Procedural Posture
Civil Application for Security for Costs in Negligence Proceedings / Interlocutory Application
Outcome
The application is dismissed.
Legal Topics
['security for Costs' 'plaintiff Ordinarily Resident Outside New South Wales' 'delay in Bringing Application']
['civil Procedure' 'professional Negligence'] ['security for Costs' 'plaintiff Ordinarily Resident Outside New South Wales' 'delay in Bringing Application']

Case Brief

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Procedural Posture

Civil Application for Security for Costs in Negligence Proceedings / Interlocutory Application

Legal Issues

  1. 1 ['Whether the defendant should obtain security for costs under r 42.21(1)(a) where the plaintiff resided outside New South Wales.' "Whether the defendant's delay in seeking security for costs should defeat the application." 'If security were ordered, what amount would be appropriate.']

Ratio Decidendi

The application was dismissed because the plaintiff's residence outside the jurisdiction was apparent when the statement of claim was served, but the defendant waited about eighteen months before applying for security for costs; that inexcusable delay was fatal to the application.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']