IceTV Pty Ltd v Duncan Ross & Ors [2011] NSWSC 1072

IceTV Pty Ltd v Duncan Ross & Ors [2011] NSWSC 1072

Since the plaintiff paid security for costs for its claim and judgment was entered in its favour (with a costs order), and as security for costs is not typically ordered against cross-defendants, there is no reason to retain the funds for purposes relating to an extant cross-claim; thus, the funds and interest should be released to the plaintiff.

Jurisdiction
Australia
Judgment Date
29 August 2011
Procedural Posture
Security for Costs Application / Interlocutory Ruling Adjournment
Outcome
Proceedings adjourned; orders of Rein J stayed until specified date; security for costs and accrued interest to be paid out to plaintiff; costs of the application reserved.
Legal Topics
['security for Costs' 'release of Funds' 'adjournment of Proceedings']
['civil Procedure'] ['security for Costs' 'release of Funds' 'adjournment of Proceedings']

Case Brief

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Procedural Posture

Security for Costs Application / Interlocutory Ruling Adjournment

Legal Issues

  1. 1 ['Whether security for costs paid by the plaintiff should be released to the plaintiff after judgment in its favour when a cross-claim is still pending' 'Whether a stay of execution of previous orders should be granted pending further evidence']

Ratio Decidendi

Since the plaintiff paid security for costs for its claim and judgment was entered in its favour (with a costs order), and as security for costs is not typically ordered against cross-defendants, there is no reason to retain the funds for purposes relating to an extant cross-claim; thus, the funds and interest should be released to the plaintiff.

Court Disposition

Proceedings adjourned; orders of Rein J stayed until specified date; security for costs and accrued interest to be paid out to plaintiff; costs of the application reserved.

Orders

  • ["Order 1 in plaintiff's motion of 22 August 2011 made (release of security and interest to plaintiff)." "Defendants' motion adjourned to 9 September 2011 at 10am." 'Plaintiff to serve further evidence by 6 September 2011.' 'Execution of orders made by Rein J on 18 September 2009 stayed until 9 September 2011.'...