Eugene Liu v Fairfax Media Publications Pty Ltd [2013] NSWSC 167

Eugene Liu v Fairfax Media Publications Pty Ltd [2013] NSWSC 167

The plaintiff was ordinarily resident outside New South Wales because he was a United States citizen without any legal entitlement to enter Australia and had made no successful visa application. He had provided no evidence of assets in Australia or elsewhere despite being given the opportunity, while evidence showed a substantial judgment debt to the Deputy Commissioner of Taxation. In the absence of evidence overcoming those factors, the court exercised its discretion to order security for the defendant's costs in the sum of $300,000 and to stay the proceedings until security was provided.

Jurisdiction
Australia
Judgment Date
07 March 2013
Procedural Posture
Interlocutory Application for Security for Costs in Defamation Proceedings / Application Heard Before Trial
Outcome
Application granted; plaintiff ordered to provide security for the defendant's costs and proceedings stayed until security is provided.
Legal Topics
['security for Costs' 'plaintiff Ordinarily Resident Outside New South Wales' 'absence of Assets Within the Jurisdiction' 'stay of Proceedings']
['practice and Procedure' 'defamation'] ['security for Costs' 'plaintiff Ordinarily Resident Outside New South Wales' 'absence of Assets Within the Jurisdiction' 'stay of Proceedings']

Case Brief

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Procedural Posture

Interlocutory Application for Security for Costs in Defamation Proceedings / Application Heard Before Trial

Legal Issues

  1. 1 ["Whether the plaintiff was ordinarily resident outside New South Wales so as to enliven the court's jurisdiction under Uniform Civil Procedure Rules 2005 Pt 42, r 42.21(1)." "Whether the court should exercise its discretion to order the plaintiff to provide security for the defendant's costs." 'What amount of security for costs should be ordered.']

Ratio Decidendi

The plaintiff was ordinarily resident outside New South Wales because he was a United States citizen without any legal entitlement to enter Australia and had made no successful visa application. He had provided no evidence of assets in Australia or elsewhere despite being given the opportunity, while evidence showed a substantial judgment debt to the Deputy Commissioner of Taxation. In the absence of evidence overcoming those factors, the court exercised its discretion to order security for the defendant's costs in the sum of $300,000 and to stay the proceedings until security was provided.

Court Disposition

Application granted; plaintiff ordered to provide security for the defendant's costs and proceedings stayed until security is provided.

Orders

  • ["The plaintiff is to provide security for the defendant's costs in the sum of $300,000 within 28 days." 'The proceedings are stayed until the security has been provided.']