This Morning Pty Ltd v Melhem [2018] NSWSC 1460

This Morning Pty Ltd v Melhem [2018] NSWSC 1460

Given the changed circumstances, including the plaintiff’s director’s incarceration, lack of assets, and the proceedings being likely to extend due to self-representation, and in light of the inadequacy of previously ordered security, the Court exercised its discretion to order additional security for costs in the sum of $210,000.

Jurisdiction
Australia
Judgment Date
26 September 2018
Procedural Posture
Commercial Proceedings / Application for Additional Security for Costs
Outcome
Additional security for costs ordered
Legal Topics
['security for Costs' 'costs']
['civil Procedure'] ['security for Costs' 'costs']

Case Brief

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Procedural Posture

Commercial Proceedings / Application for Additional Security for Costs

Legal Issues

  1. 1 ['Whether additional security for costs should be ordered given changed circumstances and inadequacy of prior security']

Ratio Decidendi

Given the changed circumstances, including the plaintiff’s director’s incarceration, lack of assets, and the proceedings being likely to extend due to self-representation, and in light of the inadequacy of previously ordered security, the Court exercised its discretion to order additional security for costs in the sum of $210,000.

Court Disposition

Additional security for costs ordered

Orders

  • ['Plaintiff to provide additional security for costs in the amount of $210,000']