Royal Guardian Mortgage Management Pty Ltd v Nguyen [2013] NSWSC 636

Royal Guardian Mortgage Management Pty Ltd v Nguyen [2013] NSWSC 636

Concerns regarding RGMC's financial position did not establish, to a level of probability, inadequacy of the existing Deed of Guarantee; no evidence or grounds for an order requiring supplementary or replacement security; application for security for costs dismissed.

Jurisdiction
Australia
Judgment Date
20 May 2013
Procedural Posture
Interlocutory Application / Application for Security for Costs
Outcome
Application for security for costs dismissed. Leave granted on question of costs of the application.
Legal Topics
['security for Costs' 'guarantee' 'discretionary Considerations']
['civil Procedure'] ['security for Costs' 'guarantee' 'discretionary Considerations']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Security for Costs

Legal Issues

  1. 1 ['Whether security for costs should be ordered' 'Adequacy of existing Deed of Guarantee as security for costs' 'Obligation to provide updated financial information']

Ratio Decidendi

Concerns regarding RGMC's financial position did not establish, to a level of probability, inadequacy of the existing Deed of Guarantee; no evidence or grounds for an order requiring supplementary or replacement security; application for security for costs dismissed.

Court Disposition

Application for security for costs dismissed. Leave granted on question of costs of the application.

Orders

  • ['Notice of Motion dated 3 April 2013 dismissed.' 'Leave granted on question of costs of the application.']