Holt v Kirby [2003] NSWIRComm 164

Holt v Kirby [2003] NSWIRComm 164

Because the applicant resided in the United Kingdom and had no assets in Australia, the respondent faced a disadvantage in enforcing any costs order, but justice between the parties required security only for the costs reasonably anticipated to be incurred in enforcing such an order in the United Kingdom; security above that level would impose undue and inappropriate hardship on the applicant.

Jurisdiction
Australia
Judgment Date
29 May 2003
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Judgment on Application for Security for Costs
Outcome
Security for costs granted in part.
Legal Topics
['unfair Contract' 'security for Costs' 'enforcement of Costs Orders in the United Kingdom']
['industrial Relations' 'employment Law' 'civil Procedure'] ['unfair Contract' 'security for Costs' 'enforcement of Costs Orders in the United Kingdom']

Case Brief

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Judgment on Application for Security for Costs

Legal Issues

  1. 1 ['Whether the applicant should be ordered to provide security for costs where he resides in the United Kingdom and has no assets in Australia.' 'What amount of security for costs should be ordered having regard to the likely cost of enforcing any costs order in the United Kingdom.']

Ratio Decidendi

Because the applicant resided in the United Kingdom and had no assets in Australia, the respondent faced a disadvantage in enforcing any costs order, but justice between the parties required security only for the costs reasonably anticipated to be incurred in enforcing such an order in the United Kingdom; security above that level would impose undue and inappropriate hardship on the applicant.

Court Disposition

Security for costs granted in part.

Orders

  • ['The applicant is to give security for costs in the sum of $4,500.' "The security may be provided in the form of a bank guarantee or by other means reasonably acceptable to the respondent's solicitors." 'Costs are reserved.' 'Liberty to apply is granted in relation to costs.' 'Liberty to apply is granted with...