Liu v Fairfax Media Publications Pty Ltd [2013] NSWSC 1256

Supreme Court New South Wales

Medium Neutral Citation: Liu v Fairfax Media Publications Pty Ltd [2013] NSWSC 1256 Hearing dates: 29 August 2013 Decision date: 04 September 2013 Jurisdiction: Common Law Before: Hall J Decision: (1) Proceedings dismissed pursuant to rule 42.21(3) of the Uniform Civil Procedure Rules 2005. (2) Plaintiff to pay the defendant's costs of the proceedings. Catchwords: PROCEDURE - application by defendant for dismissal of proceedings following failure by plaintiff to comply with orders to provide security for costs - plaintiff had not sought leave to appeal from the order for security, nor an extension of time for compliance nor taken steps to remedy his default - evidence permitted inference that plaintiff unable to fund proceedings - significant period elapsed in context of case since order for security made - inference available that plaintiff has no intention to comply with order for security - plaintiff given notice and aware of application for dismissal of proceedings - plaintiff subsequently ceased communication with defendant - appropriate case to order dismissal of proceedings and costs against plaintiff Legislation Cited: Uniform Civil Procedure Rules, r 42.21(3) Cases Cited: Ballard v Brookfield Australia Investments Limited [2013] NSWCA 82 Battenberg v Union Club [2007] NSWSC 265 Idoport Pty Ltd v National Australia Bank [2002] NSWSC 18 Idoport Pty Ltd v National Australia Bank [2002] NSWCA 271 Porter v Gordian Runoff Ltd (No 3) [2005] NSWCA 27 Category: Interlocutory applications Parties: Eugene Liu (Plaintiff/Respondent) Fairfax Media Publications Pty Ltd (Defendant/Applicant) Representation: Counsel: No Appearance (Plaintiff/Respondent) ATS Dawson (Defendant/Applicant) Solicitors: Unrepresented (Plaintiff/Respondent) Banki Haddock Fiora (Defendant/Applicant) File Number(s): 2010/350215