Marie Odtojan v Credit Corp Services Pty Limited [2019] NSWDC 273

Marie Odtojan v Credit Corp Services Pty Limited [2019] NSWDC 273

The applicant's Notice of Motion was dismissed because the applicant failed to establish that the original orders for security for costs should be set aside. The court found that Judge Strathdee acted within her discretion in making the orders for security for costs, as 'special circumstances' were established by the applicant's failure to be frank and open about her financial position, and there was no error of fact, law, nor any denial of procedural fairness. Brief reasons were adequate in the interlocutory context, and allegations of bias or bad faith were not made out.

Parties
Applicant/plaintiff: Marie Odtojan; Respondent/defendant: Credit Corp Services Pty Limited
Jurisdiction
Australia
Judgment Date
20 June 2019
Procedural Posture
Notice of Motion to Set Aside Judgment/order (civil Appeal Context) / Interlocutory Application; Determination of Motion
Outcome
Notice of Motion dismissed with costs
Legal Topics
Security for Costs, Setting Aside Judgments or Orders, Judicial Discretion, Natural Justice, Appeals Process
Civil Procedure Security for Costs Setting Aside Judgments or Orders Judicial Discretion Natural Justice Appeals Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Marie Odtojan

Applicant/plaintiff

Credit Corp Services Pty Limited

Respondent/defendant

Procedural Posture

Notice of Motion to Set Aside Judgment/order (civil Appeal Context) / Interlocutory Application; Determination of Motion

Legal Issues

  1. 1 Whether special circumstances were required and established for making an order for security for costs under rule 50.8(1) of the UCPR
  2. 2 Whether the primary judge erred in making the order for security for costs (including by misapplying the law or making the order irregularly or in bad faith)
  3. 3 Whether the applicant was denied natural justice or procedural fairness owing to inadequate reasons or apprehended judicial bias

Ratio Decidendi

The applicant's Notice of Motion was dismissed because the applicant failed to establish that the original orders for security for costs should be set aside. The court found that Judge Strathdee acted within her discretion in making the orders for security for costs, as 'special circumstances' were established by the applicant's failure to be frank and open about her financial position, and there was no error of fact, law, nor any denial of procedural fairness. Brief reasons were adequate in the interlocutory context, and allegations of bias or bad faith were not made out.

Court Disposition

Notice of Motion dismissed with costs

Orders

  • The applicant's Notice of Motion is dismissed.
  • The applicant is to pay the respondent's costs of the Motion.