Schiff v Nine Network Australia Pty Ltd (No 5) [2023] FCA 753

Schiff v Nine Network Australia Pty Ltd (No 5) [2023] FCA 753

The security for costs should be released because liability had been admitted, the respondents had occasioned substantial delay, the circumstances were very different from those existing when security was agreed, and the only tenable basis for security was the applicant's overseas residence while the amount held greatly exceeded the cost of registering a judgment in the United States.

Jurisdiction
Australia
Judgment Date
30 June 2023
Procedural Posture
Practice and Procedure; Application for Release of Security for Costs / Interlocutory Application and Case Management Orders
Outcome
Application granted; security for the respondents' costs released to the applicant and further timetable and hearing preparation orders made.
Legal Topics
['security for Costs' 'release of Security for Costs' 'discovery' 'case Management' 'costs']
['practice and Procedure'] ['security for Costs' 'release of Security for Costs' 'discovery' 'case Management' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Practice and Procedure; Application for Release of Security for Costs / Interlocutory Application and Case Management Orders

Legal Issues

  1. 1 ["Whether the security for the respondents' costs in the amount of $210,000 held in Court should be released to the applicant." "Whether liability being admitted, delays occasioned by the respondents, existing costs orders in favour of the applicant, and the applicant's overseas residence justified release of the security."]

Ratio Decidendi

The security for costs should be released because liability had been admitted, the respondents had occasioned substantial delay, the circumstances were very different from those existing when security was agreed, and the only tenable basis for security was the applicant's overseas residence while the amount held greatly exceeded the cost of registering a judgment in the United States.

Court Disposition

Application granted; security for the respondents' costs released to the applicant and further timetable and hearing preparation orders made.

Orders

  • ["The security for the respondents' costs in the amount of $210,000 being held in Court pursuant to Order 2 of the Court's Orders of 27 May 2022 be released to the Applicant as directed by the Applicant's solicitors." 'By 4 pm on 21 August 2023, the parties to give standard discovery in accordance with r 20.14 of...