Wayne Lawrence & Anor v Frances Beatrice Gunner [2013] NSWSC 664

Wayne Lawrence & Anor v Frances Beatrice Gunner [2013] NSWSC 664

Having regard to the plaintiffs' failure to provide evidence of their capacity to meet an adverse costs order, the existence of an extant freezing order relating to substantial assessed costs in other proceedings, and the real risk that the defendant would be unable to recover her costs, the justice of the case required security for costs to be provided by the plaintiffs in the sum of $80,000.

Jurisdiction
Australia
Judgment Date
30 May 2013
Procedural Posture
Interlocutory Application / Application for Security for Costs Decided
Outcome
Application for security for costs granted
Legal Topics
['security for Costs' 'inherent Jurisdiction' 'freezing Orders' 'discretionary Factors']
['practice and Procedure'] ['security for Costs' 'inherent Jurisdiction' 'freezing Orders' 'discretionary Factors']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Security for Costs Decided

Legal Issues

  1. 1 ['Whether security for costs should be ordered against the plaintiffs' 'Whether there is a real risk defendant will not recover her costs if successful' "Effect of existing freezing order on plaintiffs' assets"]

Ratio Decidendi

Having regard to the plaintiffs' failure to provide evidence of their capacity to meet an adverse costs order, the existence of an extant freezing order relating to substantial assessed costs in other proceedings, and the real risk that the defendant would be unable to recover her costs, the justice of the case required security for costs to be provided by the plaintiffs in the sum of $80,000.

Court Disposition

Application for security for costs granted

Orders

  • ["Plaintiffs to provide security for defendant's costs in the sum of $80,000, to be paid into court on or before 4pm 28 June 2013, failing which the proceedings be stayed until further order." "Plaintiffs to pay the defendant's costs of the application." 'Defendant to bring in short minutes to give effect to these...