Corcoran v Far [2018] NSWSC 1056

Corcoran v Far [2018] NSWSC 1056

The Court held that the plaintiff, being a natural person resident in Australia, did not meet any of the criteria in UCPR 42.21(1) and that the modest amount in dispute, by itself, did not constitute 'special circumstances' for the purposes of UCPR 50.8. Therefore, there was no basis to order security for costs against the plaintiff.

Parties
Plaintiff: Aaron Corcoran; Defendant: Peter Far
Jurisdiction
Australia
Judgment Date
12 July 2018
Procedural Posture
Application for Security for Costs in Appeal Proceedings / Interlocutory (motion for Security for Costs)
Outcome
Defendant's motion for security for costs dismissed; costs awarded to plaintiff.
Legal Topics
Security for Costs, Appeals, Residential Tenancies
Civil Procedure Security for Costs Appeals Residential Tenancies

Case Brief

Summary, issues, holding and outcome

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Parties

Aaron Corcoran

Plaintiff

Peter Far

Defendant

Procedural Posture

Application for Security for Costs in Appeal Proceedings / Interlocutory (motion for Security for Costs)

Legal Issues

  1. 1 Whether the Court should order security for costs against the plaintiff under UCPR 42.21 or 50.8
  2. 2 Whether 'special circumstances' justify security for costs in this appeal
  3. 3 Whether the criteria under UCPR 42.21 are satisfied by the facts

Ratio Decidendi

The Court held that the plaintiff, being a natural person resident in Australia, did not meet any of the criteria in UCPR 42.21(1) and that the modest amount in dispute, by itself, did not constitute 'special circumstances' for the purposes of UCPR 50.8. Therefore, there was no basis to order security for costs against the plaintiff.

Court Disposition

Defendant's motion for security for costs dismissed; costs awarded to plaintiff.

Orders

  • The defendant's notice of motion filed 25 May 2018 is dismissed.
  • The plaintiff's amended summons filed 7 February 2018 is listed for directions before the Registrar at 9.30 am on Friday 27 July 2018.