GEREA AOPI v HOWARD RAPKE [2002] NSWSC 711

GEREA AOPI v HOWARD RAPKE [2002] NSWSC 711

Security for costs should be ordered because the plaintiff is resident outside the jurisdiction, has no assets within New South Wales, there is risk to the defendant as to enforcement and currency value in Papua New Guinea, and no evidence was adduced that doing so would cause hardship or stultify the action.

Parties
Plaintiff: Gerea Aopi; Defendant: Howard Rapke
Jurisdiction
Australia
Judgment Date
15 August 2002
Procedural Posture
Defamation Security for Costs Application / Interlocutory Application for Security for Costs
Outcome
Application for security for costs granted
Legal Topics
Security for Costs, Enforcement of Foreign Judgments, Breach of Trust
Defamation Civil Procedure Security for Costs Enforcement of Foreign Judgments Breach of Trust

Case Brief

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Parties

Gerea Aopi

Plaintiff

Howard Rapke

Defendant

Procedural Posture

Defamation Security for Costs Application / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether an order for security for costs should be made against a foreign resident plaintiff in a defamation action
  2. 2 Whether an order for costs by an Australian court is registrable and enforceable in Papua New Guinea
  3. 3 Whether the plaintiff's financial position or the making of an order would be oppressive or stultifying

Ratio Decidendi

Security for costs should be ordered because the plaintiff is resident outside the jurisdiction, has no assets within New South Wales, there is risk to the defendant as to enforcement and currency value in Papua New Guinea, and no evidence was adduced that doing so would cause hardship or stultify the action.

Court Disposition

Application for security for costs granted

Orders

  • Within 28 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 AUD $300,000 in a form acceptable to the Registrar and the plaintiff's action be stayed until provision of such security.
  • The plaintiff is to pay the defendant's costs of this application.