Union Steel Pty Ltd v Union Steel Investments Pty Ltd [2020] NSWSC 1511

Union Steel Pty Ltd v Union Steel Investments Pty Ltd [2020] NSWSC 1511

Application for security for costs dismissed, as delay was established and unexplained, evidence of stultification was not impressive, cause of impecuniosity by alleged wrongdoing was not sufficient without stultification, lack of a viable defence by applicants, and practical considerations about quantum and procedural history militated against making an order.

Jurisdiction
Australia
Judgment Date
30 October 2020
Procedural Posture
Application for Security for Costs / Interlocutory/procedural Ruling
Outcome
Application for security for costs dismissed.
Legal Topics
['security for Costs' 'delay' 'stultification' 'impecuniosity' 'cause of Impecuniosity' "strength of Plaintiff's Case"]
['equity' 'civil Procedure'] ['security for Costs' 'delay' 'stultification' 'impecuniosity' 'cause of Impecuniosity' "strength of Plaintiff's Case"]

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Procedural Posture

Application for Security for Costs / Interlocutory/procedural Ruling

Legal Issues

  1. 1 ['Whether security for costs should be ordered against the plaintiff' 'Whether the proceedings would be stultified by an order for security' 'Whether the delay in making the application affects the discretion to order security' "Whether the plaintiff's impecuniosity is the result of the defendant’s alleged wrongdoing" "Strength of the plaintiff's case and existence of defence"]

Ratio Decidendi

Application for security for costs dismissed, as delay was established and unexplained, evidence of stultification was not impressive, cause of impecuniosity by alleged wrongdoing was not sufficient without stultification, lack of a viable defence by applicants, and practical considerations about quantum and procedural history militated against making an order.

Court Disposition

Application for security for costs dismissed.

Orders

  • ['Order that the motion be dismissed.' 'Grant leave to the parties to apply with respect to the costs of the motion, such liberty to be exercised by approaching the Associate within 14 days of the date of the judgment.']