Chocron v Onkoud [2018] NSWSC 1205

Chocron v Onkoud [2018] NSWSC 1205

Security for costs was warranted because the plaintiff resides in Argentina, outside the jurisdiction, where enforcement of a costs order would likely be very difficult or impossible. However, because the defendant delayed seeking security, the order should be limited to future unincurred costs. On the limited evidence, and excluding unnecessary or inadequately supported items, appropriate security for future costs including the application was $22,500.

Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Possession of Land; Security for Costs / Defendant's Notice of Motion Dated 23 July 2018 for Security for Costs
Outcome
Defendant's application for security for costs granted in part.
Legal Topics
['security for Costs' 'plaintiff Resident Outside Australia' 'delay in Seeking Security' 'future Costs']
['civil Procedure' 'costs'] ['security for Costs' 'plaintiff Resident Outside Australia' 'delay in Seeking Security' 'future Costs']

Case Brief

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Procedural Posture

Possession of Land; Security for Costs / Defendant's Notice of Motion Dated 23 July 2018 for Security for Costs

Legal Issues

  1. 1 ['Whether the plaintiff should provide security for costs because he resides outside the jurisdiction.' 'Whether delay in bringing the application meant security should be confined to future unincurred costs.' 'What amount of security for costs was appropriate on the evidence.']

Ratio Decidendi

Security for costs was warranted because the plaintiff resides in Argentina, outside the jurisdiction, where enforcement of a costs order would likely be very difficult or impossible. However, because the defendant delayed seeking security, the order should be limited to future unincurred costs. On the limited evidence, and excluding unnecessary or inadequately supported items, appropriate security for future costs including the application was $22,500.

Court Disposition

Defendant's application for security for costs granted in part.

Orders

  • ['Plaintiff to provide security for costs in the sum of $22,500 with $15,000 payable by 31 August 2018 and $7,500 by 28 September 2018.' 'Costs of Notice of Motion dated 23 July 2018 to be costs in the cause.']