Maecher Pictureproducts Pty Ltd v R E Davison Pty Ltd [2013] NSWSC 352

Maecher Pictureproducts Pty Ltd v R E Davison Pty Ltd [2013] NSWSC 352

Security for costs is warranted given plaintiff's admitted inability to pay possible adverse costs, financial evidence, and consideration of fairness and avoidance of obstructive litigation; quantum fixed at $150,000 and alternative security permitted to balance interests of justice.

Jurisdiction
Australia
Judgment Date
07 March 2013
Procedural Posture
Interlocutory Application / Security for Costs Ex Tempore Ruling
Outcome
Application granted in part
Legal Topics
['security for Costs' 'corporations' 'breach of Contract' 'misleading and Deceptive Conduct' 'negligence']
['civil Procedure'] ['security for Costs' 'corporations' 'breach of Contract' 'misleading and Deceptive Conduct' 'negligence']

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Procedural Posture

Interlocutory Application / Security for Costs Ex Tempore Ruling

Legal Issues

  1. 1 ["Whether the plaintiff should provide security for the defendant's costs" 'Appropriate amount and form of security for costs']

Ratio Decidendi

Security for costs is warranted given plaintiff's admitted inability to pay possible adverse costs, financial evidence, and consideration of fairness and avoidance of obstructive litigation; quantum fixed at $150,000 and alternative security permitted to balance interests of justice.

Court Disposition

Application granted in part

Orders

  • ['Plaintiff to provide security for costs in sum of $150,000, in form acceptable to Prothonotary, within 28 days.' "Order for security may be vacated if within 21 days plaintiff provides deed of charge, second mortgage on specified property, and requisite documentation to defendant's solicitors securing payment up...