Bhundia v Sommers & Neylon (No.2) [2020] NSWSC 1668

Bhundia v Sommers & Neylon (No.2) [2020] NSWSC 1668

Both applications were dismissed: the first defendant's for lack of evidential basis and unexplained delay in seeking security for costs; the second defendant's for failure to adequately explain delay, absence of bona fide defence, and because setting aside judgment would prejudice the plaintiff and contravene the interests of justice and efficient court management.

Jurisdiction
Australia
Judgment Date
24 November 2020
Procedural Posture
Civil / Interlocutory Motions and Procedural Rulings
Outcome
Both notices of motion dismissed; questions of costs reserved.
Legal Topics
['security for Costs' 'default Judgment' 'setting Aside Default Judgment']
['practice and Procedure'] ['security for Costs' 'default Judgment' 'setting Aside Default Judgment']

Case Brief

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Procedural Posture

Civil / Interlocutory Motions and Procedural Rulings

Legal Issues

  1. 1 ['Whether the first defendant is entitled to an order for security for costs against the plaintiff' 'Whether the second defendant should have default judgment set aside']

Ratio Decidendi

Both applications were dismissed: the first defendant's for lack of evidential basis and unexplained delay in seeking security for costs; the second defendant's for failure to adequately explain delay, absence of bona fide defence, and because setting aside judgment would prejudice the plaintiff and contravene the interests of justice and efficient court management.

Court Disposition

Both notices of motion dismissed; questions of costs reserved.

Orders

  • ['The notice of motion filed by the first defendant is dismissed.' 'The notice of motion filed by the second defendant is dismissed.' 'The question of costs in respect of each motion is reserved.' 'In absence of agreement, each party to file written submissions as to costs within seven days, not exceeding two...