Cosco v Hutley (No 2) [2018] NSWSC 1937

Cosco v Hutley (No 2) [2018] NSWSC 1937

Further security was ordered only in the amount consented to by the plaintiff because, although senior counsel's fees might be allowable on assessment, an order for security assuming senior counsel would be briefed would be disproportionate in light of the complexity and importance of the dispute and s 60 of the Civil Procedure Act 2005 (NSW). The defendant was permitted to serve fire forensic expert evidence because the truth defence issue plainly warranted expert evidence.

Jurisdiction
Australia
Judgment Date
07 December 2018
Procedural Posture
Defamation Proceedings / Application for Further Security for Costs and Directions for Expert Evidence
Outcome
Application for further security for costs granted in part; directions made for expert evidence; proceedings stayed until security is provided.
Legal Topics
['security for Costs' 'expert Evidence' 'proportionality of Costs' 'truth Defence']
['civil Procedure' 'defamation'] ['security for Costs' 'expert Evidence' 'proportionality of Costs' 'truth Defence']

Case Brief

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Procedural Posture

Defamation Proceedings / Application for Further Security for Costs and Directions for Expert Evidence

Legal Issues

  1. 1 ["Whether the plaintiff should provide further security for the defendant's costs and in what amount." 'Whether the amount of security should reflect an assumption that the defendant will brief senior counsel at the hearing.' 'Whether the defendant should be permitted to serve expert evidence from a fire forensic expert at this stage.']

Ratio Decidendi

Further security was ordered only in the amount consented to by the plaintiff because, although senior counsel's fees might be allowable on assessment, an order for security assuming senior counsel would be briefed would be disproportionate in light of the complexity and importance of the dispute and s 60 of the Civil Procedure Act 2005 (NSW). The defendant was permitted to serve fire forensic expert evidence because the truth defence issue plainly warranted expert evidence.

Court Disposition

Application for further security for costs granted in part; directions made for expert evidence; proceedings stayed until security is provided.

Orders

  • ['The defendant file and serve expert evidence being a report of Belinda Jones of Fire Forensics Pty Ltd by 21 December 2018.' 'The plaintiff file and serve any reply to expert evidence by 1 March 2019.' "The plaintiff provide security for the defendant's costs by paying into Court the sum of $260,000 in respect of...