BUSINESS AND RESEARCH MANAGEMENT v FLUDE [2002] NSWSC 821

BUSINESS AND RESEARCH MANAGEMENT v FLUDE [2002] NSWSC 821

The plaintiff's financial position brought it within SCR Pt 53 r 2(1)(b), but the balance of justice did not warrant security beyond the end of the 7A hearing given the unknown nature and extent of post-7A litigation. On the evidence and estimates of costs, including work from commencement to the end of the 7A...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 September 2002
Procedural Posture
Defamation Proceedings; Application for Security for Costs / Interlocutory Notice of Motion Filed 21 June 2002 Before the 7 a Hearing
Outcome
Application granted in part; plaintiff ordered to provide security for costs and action stayed until security is provided.
Legal Topics
['security for Costs' 'corporate Plaintiff Unable to Pay Costs' '7 a Hearing' 'stay Pending Provision of Security']
['defamation' 'civil Procedure'] ['security for Costs' 'corporate Plaintiff Unable to Pay Costs' '7 a Hearing' 'stay Pending Provision of Security']

Source-derived case record

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Procedural Posture

Defamation Proceedings; Application for Security for Costs / Interlocutory Notice of Motion Filed 21 June 2002 Before the 7 a Hearing

Legal Issues

  1. 1 ["Whether the plaintiff, being a body corporate, should provide security for the defendants' costs under SCR Pt 53 r 2(1)(b)." 'Whether security should be ordered for the whole trial or only up to the end of the 7A hearing.' 'What amount of security should be ordered, including whether allowance should be made for costs orders presently in favour of the plaintiff.']

Ratio Decidendi

The plaintiff's financial position brought it within SCR Pt 53 r 2(1)(b), but the balance of justice did not warrant security beyond the end of the 7A hearing given the unknown nature and extent of post-7A litigation. On the evidence and estimates of costs, including work from commencement to the end of the 7A hearing and leaving any credit for costs orders in favour of the plaintiff to assessment at the conclusion of proceedings, security of $40,000 was appropriate.

Court Disposition

Application granted in part; plaintiff ordered to provide security for costs and action stayed until security is provided.

Orders

  • ["Within 21 days from the date of this order the plaintiff is to provide security for the defendant's costs in these proceedings in the sum of $40,000 in a form acceptable to the Registrar and the plaintiff's action be stayed until the provision of such security." 'The costs in this application are to be costs in...