Tripod Funds Management Pty Ltd v Shao [2014] NSWSC 1722

Tripod Funds Management Pty Ltd v Shao [2014] NSWSC 1722

The proceedings should be dismissed as the plaintiff, with due notice and after a period of default, failed to provide security for costs or evidence of any steps being taken to do so, resulting in actual and potential prejudice to the defendant and unnecessary delay.

Parties
Plaintiff: Tripod Funds Management Pty Ltd; Defendant: Helen Shao
Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Equity Interlocutory Application / Motion for Summary Dismissal
Outcome
Proceedings dismissed
Legal Topics
Interlocutory Application, Summary Dismissal, Security for Costs
Equity Interlocutory Application Summary Dismissal Security for Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Tripod Funds Management Pty Ltd

Plaintiff

Helen Shao

Defendant

Procedural Posture

Equity Interlocutory Application / Motion for Summary Dismissal

Legal Issues

  1. 1 Whether proceedings should be dismissed for failure to provide security for costs

Ratio Decidendi

The proceedings should be dismissed as the plaintiff, with due notice and after a period of default, failed to provide security for costs or evidence of any steps being taken to do so, resulting in actual and potential prejudice to the defendant and unnecessary delay.

Court Disposition

Proceedings dismissed

Orders

  • Proceedings dismissed
  • Plaintiff to pay defendant's costs of the proceedings including this motion