In the matter of GAP Constructions Pty Ltd [2013] NSWSC 822

In the matter of GAP Constructions Pty Ltd [2013] NSWSC 822

Given the existing costs orders against the plaintiff and the financial circumstances of the plaintiff, security for costs should be ordered in the amount of $100,000, payable in a form acceptable to the Registrar of the Equity Division by a set date.

Jurisdiction
Australia
Judgment Date
30 May 2013
Procedural Posture
Interlocutory Application / Application for Security for Costs
Outcome
Security for costs ordered against the plaintiff.
Legal Topics
['security for Costs' 'impecuniosity' 'delay in Application for Security' 'dissipation of Funds']
['practice and Procedure'] ['security for Costs' 'impecuniosity' 'delay in Application for Security' 'dissipation of Funds']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Security for Costs

Legal Issues

  1. 1 ['Whether the third defendant should provide security for costs in respect of costs orders already made against the plaintiff' 'Whether delay in making the application for security should preclude the order' 'Whether an order for security would stultify the proceedings' 'Appropriate quantum for security for costs']

Ratio Decidendi

Given the existing costs orders against the plaintiff and the financial circumstances of the plaintiff, security for costs should be ordered in the amount of $100,000, payable in a form acceptable to the Registrar of the Equity Division by a set date.

Court Disposition

Security for costs ordered against the plaintiff.

Orders

  • ['The plaintiff must provide by 28 June 2013 security in the amount of $100,000 in a form acceptable to the Registrar of the Equity Division.']