HARDING v THE UNIVERSITY OF NEW SOUTH WALES [1997] NSWCA 136

HARDING v THE UNIVERSITY OF NEW SOUTH WALES [1997] NSWCA 136

Balance of convenience favours payment out of security to Claimant as no reasonable prospect exists that costs would be reduced below substantial amount even if judgment set aside; Opponent's grounds insufficient to prevent immediate payment.

Parties
Opponent: URJ Harding; Claimant/respondent: The University of New South Wales
Jurisdiction
Australia
Judgment Date
21 April 1997
Procedural Posture
Notice of Motion Regarding Security for Costs / Determination of Motion to Release Security for Costs Paid Into Court and for Costs of the Motion
Outcome
Application granted; security for costs to be paid out to Claimant in 28 days; Opponent to pay costs of motion assessed at $1,500.
Legal Topics
Security for Costs, Assessment of Costs, Release of Money Paid Into Court
Civil Procedure Security for Costs Assessment of Costs Release of Money Paid Into Court

Case Brief

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Parties

URJ Harding

Opponent

The University of New South Wales

Claimant/respondent

Procedural Posture

Notice of Motion Regarding Security for Costs / Determination of Motion to Release Security for Costs Paid Into Court and for Costs of the Motion

Legal Issues

  1. 1 Whether monies paid in as security for costs should be released to the Claimant in part payment for assessed costs
  2. 2 Whether the pending applications in Common Law Division (to set aside cost judgment and strike out proceedings) justify not paying out the security
  3. 3 Whether the motion for assessed costs was irregular due to alleged procedural disadvantage faced by the Opponent

Ratio Decidendi

Balance of convenience favours payment out of security to Claimant as no reasonable prospect exists that costs would be reduced below substantial amount even if judgment set aside; Opponent's grounds insufficient to prevent immediate payment.

Court Disposition

Application granted; security for costs to be paid out to Claimant in 28 days; Opponent to pay costs of motion assessed at $1,500.

Orders

  • Order that money paid into court as security for cost of appeal be payable out to the Claimant 28 days from today.
  • Order that Opponent pay the costs of the motion, including costs of 7 April 1997, assessed at $1,500.