Dipole Consulting Group Pty Ltd v Netlinkz Limited [2024] NSWSC 1178

Dipole Consulting Group Pty Ltd v Netlinkz Limited [2024] NSWSC 1178

The Court was not satisfied, based on the plaintiff's financial records and available cash, that there was reason to believe the plaintiff would be unable to meet a costs order if unsuccessful. The motion for security for costs was therefore dismissed.

Parties
Plaintiff/respondent: Dipole Consulting Group Pty Ltd; Defendant/applicant: Netlinkz Limited
Jurisdiction
Australia
Judgment Date
13 September 2024
Procedural Posture
Equity Technology and Construction List / Procedural Motion (security for Costs)
Outcome
Defendant's motion for security for costs dismissed with costs.
Legal Topics
Security for Costs, Costs
Civil Procedure Security for Costs Costs

Case Brief

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Parties

Dipole Consulting Group Pty Ltd

Plaintiff/respondent

Netlinkz Limited

Defendant/applicant

Procedural Posture

Equity Technology and Construction List / Procedural Motion (security for Costs)

Legal Issues

  1. 1 Whether there is reason to believe that the plaintiff will be unable to meet a costs order if unsuccessful
  2. 2 Appropriate quantum for security for costs

Ratio Decidendi

The Court was not satisfied, based on the plaintiff's financial records and available cash, that there was reason to believe the plaintiff would be unable to meet a costs order if unsuccessful. The motion for security for costs was therefore dismissed.

Court Disposition

Defendant's motion for security for costs dismissed with costs.

Orders

  • The defendant’s notice of motion for security for costs is dismissed with costs.