Rickard v Bonacci [2000] NSWSC 1124

Rickard v Bonacci [2000] NSWSC 1124

The professional indemnity insurance documents sought in paragraphs 1 to 4 of the Notice to Produce were irrelevant to the second defendant's security for costs application because, as a general rule, a defendant's ability to absorb costs from its own funds or insurance is not a relevant factor in deciding whether an insolvent plaintiff should provide security for costs. The plaintiff did not show circumstances making the general rule inapplicable.

Jurisdiction
Australia
Judgment Date
06 December 2000
Procedural Posture
Proceedings Claiming Damages for Negligence And, in the Alternative, Relief Under the Trade Practices Act 1974; Interlocutory Application Concerning Notice to Produce in Aid of a Security for Costs Application / Second Defendant's Notice of Motion to Set Aside Paragraphs 1 to 4 of the Plaintiff's Notice to Produce
Outcome
The second defendant's motion was granted and the Notice to Produce was set aside to the extent sought; the plaintiff was ordered to pay the second defendant's costs of the Notice of Motion.
Legal Topics
['relevance of Professional Indemnity Insurance to Security for Costs' 'notice to Produce' 'insolvent Plaintiff' 'discretion to Order Security for Costs']
['civil Procedure' 'security for Costs' 'insurance' 'professional Negligence' 'trade Practices'] ['relevance of Professional Indemnity Insurance to Security for Costs' 'notice to Produce' 'insolvent Plaintiff' 'discretion to Order Security for Costs']

Case Brief

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Procedural Posture

Proceedings Claiming Damages for Negligence And, in the Alternative, Relief Under the Trade Practices Act 1974; Interlocutory Application Concerning Notice to Produce in Aid of a Security for Costs Application / Second Defendant's Notice of Motion to Set Aside Paragraphs 1 to 4 of the Plaintiff's Notice to Produce

Legal Issues

  1. 1 ["Whether professional indemnity insurance documents sought by the plaintiff were relevant to the second defendant's application for security for costs." "Whether paragraphs 1 to 4 of the plaintiff's Notice to Produce should be set aside."]

Ratio Decidendi

The professional indemnity insurance documents sought in paragraphs 1 to 4 of the Notice to Produce were irrelevant to the second defendant's security for costs application because, as a general rule, a defendant's ability to absorb costs from its own funds or insurance is not a relevant factor in deciding whether an insolvent plaintiff should provide security for costs. The plaintiff did not show circumstances making the general rule inapplicable.

Court Disposition

The second defendant's motion was granted and the Notice to Produce was set aside to the extent sought; the plaintiff was ordered to pay the second defendant's costs of the Notice of Motion.

Orders

  • ["Order in terms of paragraph 2 of the second defendant's Notice of Motion filed on 24 November 2000." "The plaintiff is to pay the second defendant's costs of the Notice of Motion."]