Taouk v Taouk [2024] NSWSC 598

Supreme Court New South Wales

Medium Neutral Citation: Taouk v Taouk [2024] NSWSC 598 Hearing dates: 12 April 2024 Date of orders: 17 May 2024 Decision date: 17 May 2024 Jurisdiction: Equity Before: Slattery J Decision: Motion dismissed. No order as to costs. Directions made for the future conduct of the proceedings. Catchwords: COSTS – application for security for costs – UCPR r 42.21 – factors relevant to the exercise of discretion to order security – ordinary residence of plaintiff – where defendant has failed to establish plaintiff is ordinarily a foreign resident – where Court is not satisfied that the plaintiff is ordinarily a resident of Australia – where Court is satisfied that the plaintiff is transitioning to Australia – where plaintiff has given enforceable undertaking not to leave Australia until conclusion of proceedings – whether an order for security for costs appropriate in the circumstances Legislation Cited: Civil Procedure Act 2005 s 26 Uniform Civil Procedure Rules 2005 r 7.10(2)(a, 42.21(1)(a) Cases Cited: Anderson v Paterson's Securities Ltd [2019] NSWSC 852 Corby v Channel Seven Sydney Pty Ltd [2008] NSWSC 245 Leyvand v Barasch (2000) 144 SJLB 126 345 Logue v Hansen Technologies Pty Ltd [2003] FCA 81 Schmierer & Anor v Taouk [2004] NSWSC Category: Consequential orders Parties: Plaintiff: Amal Taouk First Defendant: Norma Taouk Second Defendant: Office of Registrar General Representation: Counsel: Plaintiff: D. Eardley First Defendant: S. Woodland