JAZABAS PTY LTD & ORS v HADDAD & ORS [2007] NSWCA 291

JAZABAS PTY LTD & ORS v HADDAD & ORS [2007] NSWCA 291

Leave to appeal is granted, but the appeal is dismissed because the claimants failed to establish that all relevant shareholders gave undertakings, failed to provide evidence of impecuniosity, and did not show that an order for security for costs would stultify proceedings or that their financial position was caused by the defendants; therefore, there was no relevant error in the primary judge's exercise of discretion to order security for costs.

Jurisdiction
Australia
Judgment Date
25 October 2007
Procedural Posture
Application for Leave to Appeal and Appeal / Appellate (court of Appeal)
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['security for Costs' 'corporate Plaintiffs' 'undertakings for Costs' 'discretion in Costs Orders']
['civil Procedure' 'corporations Law'] ['security for Costs' 'corporate Plaintiffs' 'undertakings for Costs' 'discretion in Costs Orders']

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Procedural Posture

Application for Leave to Appeal and Appeal / Appellate (court of Appeal)

Legal Issues

  1. 1 ['Whether an order for security for costs should be set aside when individual shareholders offer undertakings to meet costs' 'Whether an order for security for costs will stultify proceedings where there is alleged impecuniosity of plaintiffs' "Whether the impecuniosity of the plaintiffs was caused by the opponent's conduct"]

Ratio Decidendi

Leave to appeal is granted, but the appeal is dismissed because the claimants failed to establish that all relevant shareholders gave undertakings, failed to provide evidence of impecuniosity, and did not show that an order for security for costs would stultify proceedings or that their financial position was caused by the defendants; therefore, there was no relevant error in the primary judge's exercise of discretion to order security for costs.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Grant leave to appeal' 'Dismiss the appeal']