Macarthur Projects Pty Ltd v Cottage Developers Pty Ltd [2019] NSWSC 1149

Macarthur Projects Pty Ltd v Cottage Developers Pty Ltd [2019] NSWSC 1149

The commencement or continuation of fresh proceedings seeking the same relief as previously dismissed proceedings for non-provision of security for costs does not amount to an abuse of process. However, the plaintiff should provide security for both the ongoing costs of the proceedings and for costs already incurred and ordered in prior dismissed proceedings to avoid prejudice to the defendants and safeguard the administration of justice.

Jurisdiction
Australia
Judgment Date
03 September 2019
Procedural Posture
Civil / Interlocutory Application for Summary Dismissal and Security for Costs
Outcome
Summary dismissal refused. Orders for security for costs granted.
Legal Topics
['abuse of Process' 'security for Costs' 'stay of Proceedings' 'dismissal of Proceedings']
['civil Procedure' 'equity'] ['abuse of Process' 'security for Costs' 'stay of Proceedings' 'dismissal of Proceedings']

Case Brief

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Procedural Posture

Civil / Interlocutory Application for Summary Dismissal and Security for Costs

Legal Issues

  1. 1 ['Whether the commencement of fresh proceedings after dismissal for failure to provide security for costs constitutes an abuse of process' 'Whether the plaintiff should be required to provide security for costs incurred in previous proceedings and going forward']

Ratio Decidendi

The commencement or continuation of fresh proceedings seeking the same relief as previously dismissed proceedings for non-provision of security for costs does not amount to an abuse of process. However, the plaintiff should provide security for both the ongoing costs of the proceedings and for costs already incurred and ordered in prior dismissed proceedings to avoid prejudice to the defendants and safeguard the administration of justice.

Court Disposition

Summary dismissal refused. Orders for security for costs granted.

Orders

  • ["Order the plaintiff to provide security for the defendants' costs in tranches: $75,000 within seven days; $75,000 within 28 days of directions specifying timetable for evidence; $100,000 within 42 days of matter being set down for hearing." 'Order that security be provided by payment into Court or by unconditional...