Carriage v Stockland (Constructors) Pty Limited and Another (No 2) [2002] NSWLEC 121

Carriage v Stockland (Constructors) Pty Limited and Another (No 2) [2002] NSWLEC 121

Given the applicant's impecuniosity, the low prospects of success of the claim, and the fact that there are other potential applicants who could pursue the litigation, the Court exercises its discretion to order the applicant to provide security for costs in the amount of $25,000. The public interest element does not outweigh the respondent's entitlement to security, and the proceedings will be stayed pending provision of security.

Parties
Applicant: Allan Carriage; First Respondent: Stockland (Constructors) Pty Limited; Second Respondent: Director-General National Parks and Wildlife Service
Jurisdiction
Australia
Judgment Date
19 July 2002
Procedural Posture
Application for Security for Costs / Interlocutory Judgment
Outcome
Order for applicant to provide security for costs; proceedings stayed until provision of security
Legal Topics
Security for Costs, Standing, Environmental Planning and Assessment Act 1979 S 123(1)
Practice and Procedure Costs Environmental Law Security for Costs Standing Environmental Planning and Assessment Act 1979 S 123(1)

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Parties

Allan Carriage

Applicant

Stockland (Constructors) Pty Limited

First Respondent

Director-General National Parks and Wildlife Service

Second Respondent

Procedural Posture

Application for Security for Costs / Interlocutory Judgment

Legal Issues

  1. 1 Whether the applicant should provide security for costs
  2. 2 Effect of security for costs on impecunious applicant
  3. 3 Applicability of open standing provisions in environmental legislation

Ratio Decidendi

Given the applicant's impecuniosity, the low prospects of success of the claim, and the fact that there are other potential applicants who could pursue the litigation, the Court exercises its discretion to order the applicant to provide security for costs in the amount of $25,000. The public interest element does not outweigh the respondent's entitlement to security, and the proceedings will be stayed pending provision of security.

Court Disposition

Order for applicant to provide security for costs; proceedings stayed until provision of security

Orders

  • Within 14 days, the applicant provide security for costs to the first respondent in the amount of $25,000.
  • Proceedings stayed until security for costs has been provided.