Llorente v Marshall Bodyguard & Security P/L (No 2) [2017] NSWSC 1292

Llorente v Marshall Bodyguard & Security P/L (No 2) [2017] NSWSC 1292

Where a party does not comply with an order for security for costs and states no intention to do so, it is appropriate for the cross-claims to be dismissed and for costs to be awarded against that party.

Parties
Plaintiff: Raquel Allison Llorente; Defendant: Marshall Bodyguard & Security P/L; Cross Claimant: Aida Castillo; Cross Claimant: William Duque Garcia; Cross Defendant: Raquel Allison Llorente; Cross Defendant: Dylan Llorente
Jurisdiction
Australia
Judgment Date
26 September 2017
Procedural Posture
Practice and Procedure / Ex Tempore Judgment on Cross Claim Dismissal
Outcome
Cross-claims dismissed; cross-claimants to pay cross-defendants' costs; hearing date vacated.
Legal Topics
Security for Costs, Dismissal of Proceedings, Costs
Civil Procedure Security for Costs Dismissal of Proceedings 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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Raquel Allison Llorente

Plaintiff

Marshall Bodyguard & Security P/L

Defendant

Aida Castillo

Cross Claimant

William Duque Garcia

Cross Claimant

Raquel Allison Llorente

Cross Defendant

Dylan Llorente

Cross Defendant

Procedural Posture

Practice and Procedure / Ex Tempore Judgment on Cross Claim Dismissal

Legal Issues

  1. 1 Whether cross-claims should be dismissed for failure to comply with order for security for costs
  2. 2 Whether costs should follow the event in the dismissal of cross-claims

Ratio Decidendi

Where a party does not comply with an order for security for costs and states no intention to do so, it is appropriate for the cross-claims to be dismissed and for costs to be awarded against that party.

Court Disposition

Cross-claims dismissed; cross-claimants to pay cross-defendants' costs; hearing date vacated.

Orders

  • The cross-claims filed in the proceedings are dismissed.
  • The cross-claimants are to pay the cross-defendants' costs of those cross-claims.