Szanto v Bainton [2011] NSWSC 985

Szanto v Bainton [2011] NSWSC 985

Security for costs is ordered against the plaintiff resident outside NSW where enforcement is problematic and claim is largely untenable; the amended statement of claim is struck out as embarrassing, emotive, and failing to disclose causes of action under NSW law, with limited leave to replead only tenable claims subject to conditions.

Jurisdiction
Australia
Judgment Date
25 August 2011
Procedural Posture
Civil / Interlocutory Ruling
Outcome
Security for costs granted; amended statement of claim struck out; leave to replead limited causes of action subject to conditions; proceedings stayed until security provided; costs awarded; balance of application stood over.
Legal Topics
['security for Costs' 'strike Out' 'pleading Standards' 'sale of Land' 'conversion' 'tenancy']
['civil Procedure' 'property Law' 'contract Law' 'equity'] ['security for Costs' 'strike Out' 'pleading Standards' 'sale of Land' 'conversion' 'tenancy']

Case Brief

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Procedural Posture

Civil / Interlocutory Ruling

Legal Issues

  1. 1 ['Should security for costs be ordered against the plaintiff who is resident outside NSW?' 'Should the First Amended Statement of Claim be struck out as embarrassing and not disclosing arguable causes of action?' 'Is leave to replead limited causes of action appropriate?']

Ratio Decidendi

Security for costs is ordered against the plaintiff resident outside NSW where enforcement is problematic and claim is largely untenable; the amended statement of claim is struck out as embarrassing, emotive, and failing to disclose causes of action under NSW law, with limited leave to replead only tenable claims subject to conditions.

Court Disposition

Security for costs granted; amended statement of claim struck out; leave to replead limited causes of action subject to conditions; proceedings stayed until security provided; costs awarded; balance of application stood over.

Orders

  • ["Plaintiff's First Amended Statement of Claim struck out." 'Plaintiff to provide $55,000 security for costs into Court within 6 weeks.' 'Proceedings stayed until security provided.' 'If security not provided, proceedings dismissed against First and Second Defendants with costs.' 'Leave to replead limited to...