Zhou v Tan [2023] NSWSC 1168

Zhou v Tan [2023] NSWSC 1168

The Court ordered release of the funds because the relevant security for costs had been paid into Court by the plaintiff for the defendants' costs, costs assessment certificates and a judgment debt had been obtained, the amount sought was identified, reasonable efforts had been made to notify Ms Zhou, and any misleading labelling of interests in the Notice of Motion did not affect the substance or sufficiency of notice.

Jurisdiction
Australia
Judgment Date
15 September 2023
Procedural Posture
Notice of Motion for Release of Security for Costs Paid Into Court / Ex Tempore Judgment in the Supreme Court Common Law Duty List
Outcome
Notice of Motion granted; security for costs released to the second defendant.
Legal Topics
['security for Costs' 'funds Paid Into Court' 'ex Parte Proceedings' 'release of Security for Costs']
['civil Procedure' 'costs'] ['security for Costs' 'funds Paid Into Court' 'ex Parte Proceedings' 'release of Security for Costs']

Case Brief

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Procedural Posture

Notice of Motion for Release of Security for Costs Paid Into Court / Ex Tempore Judgment in the Supreme Court Common Law Duty List

Legal Issues

  1. 1 ['Whether funds held by the Court as security for costs paid by the plaintiff should be released to the second defendant.' 'Whether attempts to notify Ms Zhou of the claim were reasonable and sufficient despite confusion in the labelling of interests in the Notice of Motion.']

Ratio Decidendi

The Court ordered release of the funds because the relevant security for costs had been paid into Court by the plaintiff for the defendants' costs, costs assessment certificates and a judgment debt had been obtained, the amount sought was identified, reasonable efforts had been made to notify Ms Zhou, and any misleading labelling of interests in the Notice of Motion did not affect the substance or sufficiency of notice.

Court Disposition

Notice of Motion granted; security for costs released to the second defendant.

Orders

  • ["That the sum of $14,338.73 be released to the second defendant (Hiram Shuen Ray Tan) from the funds held by this Court as security for costs paid into Court by the Plaintiff on 13 December 2021 for the Defendants' costs of proceedings 2021/60620, for payment of the following: (a) Judgment debt pursuant to orders...