Jazabas Pty Ltd & 2 Ors v Haddad & 2 Ors [2006] NSWSC 559

Jazabas Pty Ltd & 2 Ors v Haddad & 2 Ors [2006] NSWSC 559

An order for security for costs is warranted given the plaintiffs' admitted financial difficulties and the likelihood that, if successful, the defendants would not be able to recover their costs. Considerations of the strength of the plaintiffs' claims, prior litigation, and interlocutory issues do not preclude such an order. Appropriate security amounts should be ordered for each defendant.

Parties
Plaintiff: Jazabas Pty Ltd; Plaintiff: BAS Developments Pty Ltd; Plaintiff: Permtree Pty Ltd; Defendant: Sam Haddad; Defendant: State of NSW; Defendant: City of Botany Bay Council
Jurisdiction
Australia
Judgment Date
09 June 2006
Procedural Posture
Civil / Interlocutory (application for Security for Costs)
Outcome
Order for security for costs granted in favour of all defendants
Legal Topics
Security for Costs, Negligence, Misrepresentation, Misfeasance in Public Office, Abuse of Process, Conspiracy
Civil Procedure Corporations Law Local Government Law Environmental Law Security for Costs Negligence Misrepresentation Misfeasance in Public Office +2 more

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Parties

Jazabas Pty Ltd

Plaintiff

BAS Developments Pty Ltd

Plaintiff

Permtree Pty Ltd

Plaintiff

Sam Haddad

Defendant

State of NSW

Defendant

City of Botany Bay Council

Defendant

Procedural Posture

Civil / Interlocutory (application for Security for Costs)

Legal Issues

  1. 1 Whether an order for security for costs should be made against the plaintiff companies in favour of the defendants

Ratio Decidendi

An order for security for costs is warranted given the plaintiffs' admitted financial difficulties and the likelihood that, if successful, the defendants would not be able to recover their costs. Considerations of the strength of the plaintiffs' claims, prior litigation, and interlocutory issues do not preclude such an order. Appropriate security amounts should be ordered for each defendant.

Court Disposition

Order for security for costs granted in favour of all defendants

Orders

  • Plaintiffs to provide security for costs in the sum of $100,000 in respect of City of Botany Bay Council.
  • Plaintiffs to provide security for costs in the sum of $100,000 jointly for Sam Haddad and State of NSW or, at their option, $50,000 each.