Ling v Beyond Development Group Pty Ltd [2021] NSWSC 1251

Ling v Beyond Development Group Pty Ltd [2021] NSWSC 1251

The application for security for costs fails because it was brought at a late stage of proceedings without adequate explanation for the delay, and to order security now would potentially prejudice the just, quick and cheap resolution of the proceedings, especially as substantial security has already been provided in relation to another defendant and further delay would prejudice other parties.

Jurisdiction
Australia
Judgment Date
20 September 2021
Procedural Posture
Equity Security for Costs Application / Procedural Interlocutory Ruling; Determination on Notice of Motion Prior to Final Hearing
Outcome
Notice of motion for security for costs dismissed; costs question reserved; procedural directions given.
Legal Topics
['security for Costs' 'delay in Application' 'costs Orders' 'foreign Resident Plaintiffs']
['civil Procedure' 'equity'] ['security for Costs' 'delay in Application' 'costs Orders' 'foreign Resident Plaintiffs']

Case Brief

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Procedural Posture

Equity Security for Costs Application / Procedural Interlocutory Ruling; Determination on Notice of Motion Prior to Final Hearing

Legal Issues

  1. 1 ['Whether security for costs should be ordered against foreign resident plaintiffs at a late stage of proceedings' 'Whether delay in making application for security affects discretion' 'Whether existing security for other defendants is relevant to the present application' 'Whether proceedings would be stultified by order for security']

Ratio Decidendi

The application for security for costs fails because it was brought at a late stage of proceedings without adequate explanation for the delay, and to order security now would potentially prejudice the just, quick and cheap resolution of the proceedings, especially as substantial security has already been provided in relation to another defendant and further delay would prejudice other parties.

Court Disposition

Notice of motion for security for costs dismissed; costs question reserved; procedural directions given.

Orders

  • ['Dismiss the notice of motion.' 'Reserve the question of costs.' "Direct that an affidavit in relation to Ms Holt's expert evidence be filed and served by close of business on 30 September 2021."]