PRACTICE & PROCEDURE – COSTS – Security for costs – individual plaintiff ordinarily resident outside Australia – corporate defendant admittedly unable to meet a costs order – whether security for costs should be refused because of the merits of the plaintiffs’ claim – relevance of defendants’ failure to comply with undertaking given to the Court – whether ordering security will stultify proceedings – other factors said to be relevant to exercise of discretion
David Rayment represented the Plaintiffs/Respondents.
Reasons for the decision can be found here.
From the New South Wales Civil & Administrative Tribunal Appeal Panel:
COSTS – NCAT Internal appeal – amount in issue in excess of $30,000 – r 38A of the Civil and Administrative Tribunal Rules 2014 (NSW) and cl 20(4) of the Consumer, Trader and Tenancy Tribunal Regulation 2009 (NSW) – no issue of principle
COSTS – general rule that costs follow the event – application of the rule and discretion – no issue of principle
Michelle McMahon appeared for Adam Rekrut and Sandra Scott.