Mohareb v Fairfax Media Publications Pty Limited; Mohareb v Harbour Radio Pty Limited [2019] NSWSC 1685

Mohareb v Fairfax Media Publications Pty Limited; Mohareb v Harbour Radio Pty Limited [2019] NSWSC 1685

The plaintiff had effectively arranged his affairs to be immune from adverse cost orders and remained supported by family, who could provide security. There was no evidence security would stultify proceedings. Given the prejudice to the defendants and the uncertainty in the proceedings, a staged security order for $75,000 was appropriate, divided equally among the three sets of defendants, with a stay to be imposed if not paid, and costs of the application awarded to the defendants.

Parties
Plaintiff: Nader Mohareb; First Defendant (2017/25606): Harbour Radio Pty Limited; Second Defendant (2017/25606): Ray Hadley; Third Defendant (2017/25606): Attorney General for New South Wales; First Defendant (2017/35614): Fairfax Media Publications Pty Limited; Second Defendant (2017/35614): Louise Hall; Third Defendant (2017/35614): State of New South Wales
Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Civil Defamation / Interlocutory Application Security for Costs
Outcome
Order for security for costs granted; conditional stay if not provided; costs of notices of motion awarded to defendants.
Legal Topics
Security for Costs, Costs, Defamation, Bankruptcy, Impecunious Plaintiffs
Civil Procedure Security for Costs Costs Defamation Bankruptcy Impecunious Plaintiffs

Case Brief

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Parties

Nader Mohareb

Plaintiff

Harbour Radio Pty Limited

First Defendant (2017/25606)

Ray Hadley

Second Defendant (2017/25606)

Attorney General for New South Wales

Third Defendant (2017/25606)

Fairfax Media Publications Pty Limited

First Defendant (2017/35614)

Louise Hall

Second Defendant (2017/35614)

State of New South Wales

Third Defendant (2017/35614)

Procedural Posture

Civil Defamation / Interlocutory Application Security for Costs

Legal Issues

  1. 1 Whether the plaintiff should be ordered to provide security for costs due to impecuniosity and possible divestment of assets
  2. 2 Whether an order for security for costs would stultify the proceedings
  3. 3 Appropriate amount and timing for any security required

Ratio Decidendi

The plaintiff had effectively arranged his affairs to be immune from adverse cost orders and remained supported by family, who could provide security. There was no evidence security would stultify proceedings. Given the prejudice to the defendants and the uncertainty in the proceedings, a staged security order for $75,000 was appropriate, divided equally among the three sets of defendants, with a stay to be imposed if not paid, and costs of the application awarded to the defendants.

Court Disposition

Order for security for costs granted; conditional stay if not provided; costs of notices of motion awarded to defendants.

Orders

  • Plaintiff to provide security for costs by paying into Court on or before 20 December 2019 the sum of $75,000 ($25,000 for each of: Harbour Radio Pty Ltd/Ray Hadley, Fairfax Media Publications Pty Ltd/Louise Hall, and the State of New South Wales)
  • If security not provided by 20 December 2019, proceedings stayed from 21 December 2019