Tony Kazal v Fairfax Media Publications Pty Ltd (No 2) [2017] NSWSC 1252

Supreme Court New South Wales

Medium Neutral Citation: Tony Kazal v Fairfax Media Publications Pty Ltd (No 2) [2017] NSWSC 1252 Hearing dates: 14 September 2017 Decision date: 15 September 2017 Jurisdiction: Common Law Before: McCallum J Decision: Plaintiff ordered to provide security in the sum of $20,000 within 14 days; defendant ordered to pay the plaintiff's costs of the application Catchwords: CIVIL PROCEDURE – security for costs – plaintiff ordinarily resident outside Australia – relevance of apparent strength of plaintiff's claim – proportionality of costs – Court's duty to seek to give effect to the overriding purpose of facilitating the just, quick and cheap resolution of the real issues in the proceedings – requirement for the Court to take a robust and proactive approach in case management – undesirability of requiring a plaintiff to provide security for the cost of conducting a luxurious, optimistic defence Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 6 Defamation Act 2005 (NSW), ss 3, 40 Uniform Civil Procedure Rules 2005 (NSW), r 41.21(1)(a) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Burstein v Times Newspapers Ltd [2000] EWCA Civ 338 Cassell & Co Ltd v Broome [1972] AC 1027 Cheng XI Shipyard v The Ship "Falcon Trident" [2006] FCA 759 Coxon v Wilson [2016] WASCA 48 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management & Marketing Pty Ltd [2013] HCA 46 Newsgroup Newspapers Ltd v Campbell [2002] EWCA Civ 1143 PS Chellaram & Co Ltd v China Ocean Shipping Co (1991) 102 ALR 321; [1991] HCA 36 Category: Procedural and other rulings Parties: Tony Kazal (plaintiff) Fairfax Media Publications Pty Ltd (defendant) Representation: Counsel: C Dibb (plaintiff) PW Gray SC (defendant)