Page v Airag Aviation Services Pty Limited [2024] NSWSC 1456

Supreme Court New South Wales

Medium Neutral Citation: Page v Airag Aviation Services Pty Limited [2024] NSWSC 1456 Hearing dates: 4 November 2024 Date of orders: 18 November 2024 Decision date: 18 November 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) The Registrar's orders for security be set aside; (2) Unless the parties approach within 7 days with short written submissions, Airag pay Mr Page's costs of his motion, as agreed or assessed; (3) Airag file and serve its defence within 28 days; (4) The parties confer about the further orders required for preparation of the matter for hearing; (5) The directions hearing before the Registrar on 11 December 2024 be vacated; and (6) The matter be adjourned to the Registrar's list for further directions at 9.30 am 18 December 2024. Catchwords: REVIEW – personal injury claim – security for costs – where plaintiff resides overseas – reasonable prospects of success – delay in seeking security order – where plaintiff now suffers chronic psychiatric illnesses – no estimate of defendant's likely costs – where there is no litigation funding arrangement – where order would unjustly stifle pursuit of the claim – Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Corporations Act 2001 (Cth), s 9 Cases Cited: LCM Funding Pty Limited v Stanwell Corporation Limited [2022] FCAFC 103 Li v State of New South Wales [2013] NSWCA 165 Live Board Holdings Ltd v Cody Live Pty Ltd [2017] NSWCA 302 PS Chellaraum and Co Ltd v China Shipping Co [1991] HCA 36 TOMKO v PALASTY (NO. 2) [2007] NSWCA 369 Zakka v George Elias t/as Cadmus Lawyers [2012] NSWCA 277 Texts Cited: Nil Category: Principal judgment Parties: Alexander Page (Plaintiff) Airag Aviation Services Pty Limited (Defendant) Representation: Counsel: R McIlwaine and R E Quickenden (Plaintiff) C Street (Defendant)