Porter v Aalders Auctioneers and Valuers Pty Ltd and Anor [2011] NSWDC 96

District Court New South Wales

Medium Neutral Citation: Porter v Aalders Auctioneers and Valuers Pty Ltd and Anor [2011] NSWDC 96 Hearing dates: 8 August 2011, 11 August 2011 Decision date: 15 August 2011 Before: MURRELL SC DCJ Decision: Motion granted Catchwords: Security for costs Ordinarily resident outside Australia Discretionary considerations Conduct of applicant Enforcement of judgment Prospects of success Terms of the security Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Corby v Channel Seven Sydney Pty Ltd [2008] NSWSC 245 Australian Building Construction Employees and BLF v Commonwealth Trading Bank [1976] 2 NSWLR 371 Re Energy Drilling Inc v Petroz NL [1989] FCA 146 Logue v Hansen Technologies Ltd [2003] FCA 81 Avner Pty Ltd v Dimopoulos (12 February 1987) Foreign Judgements Act 1991 Foreign Judgements Regulations 1992 Barton v Minister for Foreign Affairs (1984) 2 FCR 463 Category: Principal judgment Parties: J Porter Aalders Auctioneers and Valuers Pty Ltd J Aalders Representation: J. Dearn J. O'Connor Matthew Sulman & Associates KR Barnes & Co File Number(s): 2010/365227

Judgment

Background 1Aalders Auctioneers and Valuers Pty Ltd (Aalders) operates an antique auction and valuation business. Mr Aalders, a director, holds qualifications in the decorative arts. On 23 April 2009, Mr Porter took various Chinese artefacts to Aalders and spoke to Mr Aalders. According to Mr Porter, he requested a valuation of the artefacts. According to Mr Aalders, he asked that the artefacts be sold at auction. Aalders sent a consignment order to Mr Porter, which listed the artefacts by group. In relation to each group, it gave a "pre-sale estimate" of value and a reserve price of one cent. Mr Aalders was of the opinion that the artefacts were tourist items of little value. On 19 May 2009, Mr Porter attended the Aalders premises and removed two swords from the artefacts. On 24 May 2009, a number of the artefacts were sold. On 15 June 2009, Mr Porter collected the unsold artefacts and a cheque for $50.10, being the net proceeds of sale. On 22 September 2009, Mr Porter and his solicitor attended the premises of Aalders and alleged that the artefacts should not have been sold and were worth more than $35,000. Subsequently, Mr Aalders recovered some of the artefacts that had been sold at auction. Mr Porter now asserts that the artefacts that were sold and not recovered had a combined value of almost $100,000.