Corby v Channel Seven Sydney Pty Limited [2008] NSWSC 245

Corby v Channel Seven Sydney Pty Limited [2008] NSWSC 245

Although the plaintiff was found to be ordinarily resident in Bali, discretionary factors—especially the lateness of the application and risk of stultifying plaintiff's claim—warranted refusing to order security for costs.

Parties
Plaintiff: Mercedes Pearl Esma Corby; 1st Defendant: Channel Seven Sydney Pty Limited; 2nd Defendant: Seven Network Limited; 3rd Defendant: Australian News Channel Pty Limited; 4th Defendant: Anna Coren; 5th Defendant: Bryan Seymour; 6th Defendant: Jodiee Maree Power
Jurisdiction
Australia
Judgment Date
26 March 2008
Procedural Posture
Notice of Motion Security for Costs / Interlocutory Application
Outcome
Notice of Motion dismissed; costs awarded to plaintiff.
Legal Topics
Security for Costs, Ordinary Residence, Defamation
Common Law Civil Procedure Security for Costs Ordinary Residence Defamation

Case Brief

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Parties

Mercedes Pearl Esma Corby

Plaintiff

Channel Seven Sydney Pty Limited

1st Defendant

Seven Network Limited

2nd Defendant

Australian News Channel Pty Limited

3rd Defendant

Anna Coren

4th Defendant

Bryan Seymour

5th Defendant

Jodiee Maree Power

6th Defendant

Procedural Posture

Notice of Motion Security for Costs / Interlocutory Application

Legal Issues

  1. 1 Whether an order for security for costs should be made against the plaintiff on grounds that she is ordinarily resident outside New South Wales/Australia.
  2. 2 Relevant factors in the discretion to order security for costs.

Ratio Decidendi

Although the plaintiff was found to be ordinarily resident in Bali, discretionary factors—especially the lateness of the application and risk of stultifying plaintiff's claim—warranted refusing to order security for costs.

Court Disposition

Notice of Motion dismissed; costs awarded to plaintiff.

Orders

  • The Notice of Motion is dismissed.
  • I order the defendants to pay the plaintiff's costs of the application.