Mohareb v Harbour Radio Pty Ltd

2 NSWLR 443; [2020] NSWCA 231

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Natural person plaintiff
4. › Inherent jurisdiction of Supreme Court
5. › Reluctance to make orders against natural person
6. › Whether order for security would stifle proceedings
7. › Whether applicant had divested assets
8. › Uniform Civil Procedure Rules 2005 (NSW), r 42.21
1. Practice and Procedure
2. › Security for costs
3. › Delay in making application
4. › Whether delay in seeking security for costs justified refusal of application
5. › Whether respondents had sufficient information to apply earlier
6. › Uniform Civil Procedure Rules 2005 (NSW), r 42.21(1A)(l)
1. Practice and Procedure
2. › Security for costs
3. › Relevance of merits of proceedings
4. › Whether court required to assess strength of plaintiff's case
5. › Whether assessment of merits would be disproportionate
6. › Civil Procedure Act 2005 (NSW), s 60
1. Appeal
2. › Leave to appeal
3. › Discretionary judgment
4. › Security for costs order
5. › Whether error in exercise of discretion
6. › House v The King principles
7. › Particular reticence where judgment pertains to practice and procedure

Quick Take

Practitioners acting for defendants in defamation proceedings should note that evidence of overseas fund transfers and a plaintiff's history of non-compliance with costs orders may justify security for costs against a natural person, even where the application is made more than two years after commencement of proceedings.