Tomic v Parker [2019] NSWSC 113

Tomic v Parker [2019] NSWSC 113

Given that the plaintiffs are ordinarily resident outside Australia, are impecunious and unable to meet an adverse costs order, and that the application for security was brought promptly and without oppressiveness, an order for security for costs is appropriate. However, to avoid stifling the proceedings, the sum is limited to $35,000 at this stage, subject to further review.

Jurisdiction
Australia
Judgment Date
15 February 2019
Procedural Posture
Security for Costs Application / Interlocutory (hearing and Determination of Security for Costs Application)
Outcome
Plaintiffs ordered to provide security for costs in the sum of $35,000 by 29 March 2019; in default, proceedings to be stayed; further directions given.
Legal Topics
['security for Costs' 'impecuniosity' 'discretionary Factors in Security for Costs' 'effect of Security for Costs on Proceedings']
['civil Procedure'] ['security for Costs' 'impecuniosity' 'discretionary Factors in Security for Costs' 'effect of Security for Costs on Proceedings']

Case Brief

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Procedural Posture

Security for Costs Application / Interlocutory (hearing and Determination of Security for Costs Application)

Legal Issues

  1. 1 ['Whether the plaintiffs, being ordinarily resident outside Australia and impecunious, should be ordered to provide security for costs.' "Quantum of security for costs to be ordered given plaintiffs' financial positions." 'Whether ordering security would stifle the proceedings.']

Ratio Decidendi

Given that the plaintiffs are ordinarily resident outside Australia, are impecunious and unable to meet an adverse costs order, and that the application for security was brought promptly and without oppressiveness, an order for security for costs is appropriate. However, to avoid stifling the proceedings, the sum is limited to $35,000 at this stage, subject to further review.

Court Disposition

Plaintiffs ordered to provide security for costs in the sum of $35,000 by 29 March 2019; in default, proceedings to be stayed; further directions given.

Orders

  • ["The plaintiffs are to provide security for costs for the defendant's costs of the proceedings in the sum of $35,000 by 29 March 2019." 'Such security to be provided by payment into Court or by bank guarantee from an Australian bank.' 'In default of compliance with orders 1 and 2, the proceedings are to be stayed.'...