Thrumby Holdings Pty Ltd v Michael Roper (trading as Michael Roper & Co Solicitors) [2002] NSWSC 560

Thrumby Holdings Pty Ltd v Michael Roper (trading as Michael Roper & Co Solicitors) [2002] NSWSC 560

Further security was warranted because the plaintiff's ability to meet an adverse costs order appeared wholly dependent on recovery of a substantial loan from Quig Pty Limited, there was no evidence of when that debt was due or of Quig's capacity to repay it, there was a real apprehension as to non-repayment and a basis for questioning the loan transaction, and the prior security and discrete cross-claim did not displace the defendant's entitlement to further security.

Jurisdiction
Australia
Judgment Date
03 June 2002
Procedural Posture
Application for Security for Costs in Professional Negligence List Proceedings / Interlocutory Notice of Motion for Further Security for Costs
Outcome
Defendant's application for further security for costs granted; plaintiff's proceedings stayed pending compliance.
Legal Topics
['security for Costs' 'corporate Plaintiff' 'further Security for Costs' 'stay Pending Compliance']
['civil Procedure' 'costs' 'professional Negligence'] ['security for Costs' 'corporate Plaintiff' 'further Security for Costs' 'stay Pending Compliance']

Case Brief

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Procedural Posture

Application for Security for Costs in Professional Negligence List Proceedings / Interlocutory Notice of Motion for Further Security for Costs

Legal Issues

  1. 1 ["Whether the plaintiff corporation should provide further security for the defendant's costs in the sum of $70,000." "Whether the plaintiff's prior provision of $20,000 security or the defendant's cross-claim should prevent an order for further security." "Whether the plaintiff's apparent dependence on recovery of a loan from Quig Pty Limited created a real apprehension about its ability to meet an adverse costs order."]

Ratio Decidendi

Further security was warranted because the plaintiff's ability to meet an adverse costs order appeared wholly dependent on recovery of a substantial loan from Quig Pty Limited, there was no evidence of when that debt was due or of Quig's capacity to repay it, there was a real apprehension as to non-repayment and a basis for questioning the loan transaction, and the prior security and discrete cross-claim did not displace the defendant's entitlement to further security.

Court Disposition

Defendant's application for further security for costs granted; plaintiff's proceedings stayed pending compliance.

Orders

  • ["The plaintiff provide further security for the defendant's costs of the action as between the plaintiff and the defendant in the sum of $70,000 in a form to be agreed between the plaintiff and the defendant, or failing agreement within seven days, as ordered by the Registrar or Judge of the Professional Negligence...