Ken Tugrul v Tarrants Financial Consultants Pty Limited ACN 086 674 179 [No 3] [2014] NSWSC 38

Ken Tugrul v Tarrants Financial Consultants Pty Limited ACN 086 674 179 [No 3] [2014] NSWSC 38

The Second Defendant's motion was dismissed because there was no evidence before the Court to support that he would incur future legal costs given his current unrepresented status; however, the order was stayed for several weeks to allow the possibility of obtaining legal representation and restoring the motion.

Jurisdiction
Australia
Judgment Date
06 February 2014
Procedural Posture
Notice of Motion for Security for Costs / Procedural Ruling
Outcome
Notice of motion dismissed with stay and liberty to apply
Legal Topics
['security for Costs' 'summary Dismissal' 'costs']
['civil Procedure'] ['security for Costs' 'summary Dismissal' 'costs']

Case Brief

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Procedural Posture

Notice of Motion for Security for Costs / Procedural Ruling

Legal Issues

  1. 1 ["Whether the Second Defendant's application for security for costs should be dismissed due to lack of evidence of future legal costs as a result of being unrepresented"]

Ratio Decidendi

The Second Defendant's motion was dismissed because there was no evidence before the Court to support that he would incur future legal costs given his current unrepresented status; however, the order was stayed for several weeks to allow the possibility of obtaining legal representation and restoring the motion.

Court Disposition

Notice of motion dismissed with stay and liberty to apply

Orders

  • ["Dismiss the Second Defendant's notice of motion filed 7 November 2013." 'Stay Order 1 up to and including 5.00 pm on Friday, 7 March 2014.' "Reserve the costs of the Second Defendant's motion." 'Grant liberty to the Second Defendant to make such application as he may be advised in relation to Order 1 at any time...