Stapleton v Fairfax Media Publications Pty Ltd [2019] FCA 1418

Stapleton v Fairfax Media Publications Pty Ltd [2019] FCA 1418

Security for costs was ordered primarily because the Applicant is not presently resident in Australia, has no assets within the jurisdiction, has failed to comply with costs orders in other proceedings, and evidence provided by the Applicant concerning residence and impecuniosity is unsatisfactory.

Jurisdiction
Australia
Judgment Date
30 August 2019
Procedural Posture
Defamation / Security for Costs Application
Outcome
Application for security for costs granted
Legal Topics
['security for Costs' 'defamation']
['practice and Procedure'] ['security for Costs' 'defamation']

Case Brief

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Procedural Posture

Defamation / Security for Costs Application

Legal Issues

  1. 1 ['Whether security for costs should be ordered against the Applicant' 'Whether the Applicant is resident outside Australia and has assets within the jurisdiction' 'Impecuniosity and potential stifling of litigation']

Ratio Decidendi

Security for costs was ordered primarily because the Applicant is not presently resident in Australia, has no assets within the jurisdiction, has failed to comply with costs orders in other proceedings, and evidence provided by the Applicant concerning residence and impecuniosity is unsatisfactory.

Court Disposition

Application for security for costs granted

Orders

  • ["The Applicant is to give security for the Respondents' costs up to the hearing in the amount of $100,000." 'The security is to be paid by the Applicant into Court by 4.00pm on 12 September 2019.' 'Proceedings be stayed until security is given.' 'If Applicant fails to comply with Orders 1 and 2 by 1 October 2019,...