Mahommed v Greenhills Securities Pty Ltd [2021] NSWSC 1178

Mahommed v Greenhills Securities Pty Ltd [2021] NSWSC 1178

The plaintiff is suing as trustee of a trust with no evidence of valuable assets or indemnity, likely unable to meet an adverse costs order. The plaintiff's financial position is uncertain and conduct of the proceedings has been unsatisfactory. Security for costs is therefore ordered, set at a reduced and proportionate amount ($160,000). Proceedings are stayed pending compliance, with provisions for dismissal if security is not given.

Jurisdiction
Australia
Judgment Date
16 September 2021
Procedural Posture
Equity Proceedings / Interlocutory: Application for Security for Costs
Outcome
Security for costs ordered; stay imposed; costs of motion to defendant; proceedings to be dismissed if security not provided by deadline.
Legal Topics
['security for Costs' 'trustee Capacity' 'impecuniosity' 'pleading Requirements' 'vexatious Litigation']
['civil Procedure'] ['security for Costs' 'trustee Capacity' 'impecuniosity' 'pleading Requirements' 'vexatious Litigation']

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

Equity Proceedings / Interlocutory: Application for Security for Costs

Legal Issues

  1. 1 ['Whether the plaintiff, suing as trustee, should be ordered to provide security for costs' 'Whether the plaintiff is impecunious or lacks indemnity from the trust' 'Whether the conduct of proceedings has been vexatious or abusive' 'What quantum of security is just and proportionate']

Ratio Decidendi

The plaintiff is suing as trustee of a trust with no evidence of valuable assets or indemnity, likely unable to meet an adverse costs order. The plaintiff's financial position is uncertain and conduct of the proceedings has been unsatisfactory. Security for costs is therefore ordered, set at a reduced and proportionate amount ($160,000). Proceedings are stayed pending compliance, with provisions for dismissal if security is not given.

Court Disposition

Security for costs ordered; stay imposed; costs of motion to defendant; proceedings to be dismissed if security not provided by deadline.

Orders

  • ['Plaintiff to provide security for costs in amount of $160,000 in three tranches ($25,000 by 16 October 2021; $65,000 by 16 December 2021; $70,000 by 14 days after defendant completes service of evidence).' "Proceedings (including motions) stayed until all security tranches provided, subject to exceptions for...