Olson v Keefe (No 5) [2023] FCA 127

Olson v Keefe (No 5) [2023] FCA 127

Given the applicant is not presently ordinarily resident in Australia and lacks sufficient assets in Australia to satisfy any adverse costs order, and in the absence of demonstrated prejudice from delay or proximity to hearing, the discretion is exercised to order security for costs in favour of the respondents.

Jurisdiction
Australia
Judgment Date
24 February 2023
Procedural Posture
Interlocutory Application for Security for Costs / Determination of Security for Costs Application
Outcome
Application granted. Order for security for costs made.
Legal Topics
['security for Costs' 'practice and Procedure' 'delay' 'jurisdiction' 'enforcement of Judgments']
['civil Procedure'] ['security for Costs' 'practice and Procedure' 'delay' 'jurisdiction' 'enforcement of Judgments']

Case Brief

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Procedural Posture

Interlocutory Application for Security for Costs / Determination of Security for Costs Application

Legal Issues

  1. 1 ['Should the applicant be ordered to provide security for costs for the respondents?' "Does the applicant's non-residence and insufficient assets in Australia justify an order for security for costs?" 'Does the delay or proximity to hearing affect the discretion to order security for costs?']

Ratio Decidendi

Given the applicant is not presently ordinarily resident in Australia and lacks sufficient assets in Australia to satisfy any adverse costs order, and in the absence of demonstrated prejudice from delay or proximity to hearing, the discretion is exercised to order security for costs in favour of the respondents.

Court Disposition

Application granted. Order for security for costs made.

Orders

  • ["The applicant to provide security for respondents' costs in the amount of AUD200,000 by irrevocable bank guarantee or payment into Court by 17 March 2023." 'If not complied with, the proceeding is stayed until security is provided, parties to notify the Associate, respondents may restore the matter before the...