Drozda v Kishida [2021] NSWDC 281

District Court New South Wales

Medium Neutral Citation: Drozda v Kishida [2021] NSWDC 281 Hearing dates: 16 June 2021 Date of orders: 28 June 2021 Decision date: 28 June 2021 Jurisdiction: Civil Before: Scotting DCJ Decision: (1) The Notice of Motion filed on 16 February 2021 is dismissed. (2) The defendant is to pay the plaintiff's costs of the motion on the ordinary basis as agreed or assessed. (3) The matter is listed for directions in the online court on or before 19 July 2021. Catchwords: COSTS — Security for costs — Effect — Dismissal Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: PS Chellaram & Co Ltd v China Ocean Shipping Co (1991) 102 ALR 321 Category: Costs Parties: Claudia Drozda (Plaintiff) Daiya Kishida (First Defendant) Representation: Counsel: S Maybury (Plaintiff) B Kelleher (First Defendant)

Solicitors: Stacks Goudkamp (Plaintiff) HWL Ebsworth (First Defendant) File Number(s): 2020/225985 Publication restriction: None

Judgment

Introduction 1. The defendant, by Notice of Motion filed on 16 February 2021, seeks an order for security for costs against the plaintiff, on the basis that the plaintiff is ordinarily resident outside Australia. 2. In the proceedings, the plaintiff seeks damages for personal injury arising from cosmetic surgery performed by the defendant. The plaintiff alleges that liposuction on her upper arms was performed negligently by the defendant causing her nerve damage and resulting in disfigurement.

Evidence 1. The defendant read three affidavits of Stacey Marie King, solicitor, sworn 16 February 2021, 9 April 2021 and 28 May 2021. 2. The plaintiff reads an affidavit of the plaintiff affirmed 19 April 2021, two affidavits of Julie Mahony, solicitor, sworn 26 April 2021 and 17 May 2021 and an affidavit of Alexander Hairs, solicitor, affirmed 9 June 2021. 3. No application was made to cross-examine any of the deponents.