Grace v Bennie (No 2) [2018] NSWSC 831

Grace v Bennie (No 2) [2018] NSWSC 831

There has not been due dispatch in complying with the order for security for costs, with more than 12 months’ delay and no adequate evidence of imminent compliance. The stay of proceedings in relation to the order for security for costs is dissolved and the appeal proceedings are dismissed. Costs follow the event and are awarded to the defendant on an ordinary basis.

Parties
Plaintiff: William John Grace; Defendant: Robert Maurice Bennie
Jurisdiction
Australia
Judgment Date
31 May 2018
Procedural Posture
Appeal / Determination of Stay of Proceedings and Dismissal for Non Compliance
Outcome
Appeal dismissed; stay of proceedings dissolved; plaintiff to pay defendant’s costs
Legal Topics
Security for Costs, Stay of Proceedings, Dismissal for Want of Prosecution
Civil Procedure Security for Costs Stay of Proceedings Dismissal for Want of Prosecution

Case Brief

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Parties

William John Grace

Plaintiff

Robert Maurice Bennie

Defendant

Procedural Posture

Appeal / Determination of Stay of Proceedings and Dismissal for Non Compliance

Legal Issues

  1. 1 Whether there was due dispatch in complying with the order for security for costs
  2. 2 Whether the stay of proceedings should be dissolved
  3. 3 Whether the appeal proceedings should be dismissed

Ratio Decidendi

There has not been due dispatch in complying with the order for security for costs, with more than 12 months’ delay and no adequate evidence of imminent compliance. The stay of proceedings in relation to the order for security for costs is dissolved and the appeal proceedings are dismissed. Costs follow the event and are awarded to the defendant on an ordinary basis.

Court Disposition

Appeal dismissed; stay of proceedings dissolved; plaintiff to pay defendant’s costs

Orders

  • The stay of proceedings in relation to the order for security for costs is dissolved.
  • The appeal proceedings are dismissed.