Tomic v Parker [2019] NSWSC 113

Supreme Court New South Wales

Medium Neutral Citation: Tomic v Parker [2019] NSWSC 113 Hearing dates: 15 February 2019 Date of orders: 15 February 2019 Decision date: 15 February 2019 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The plaintiffs are to provide security for costs for the defendant's costs of the proceedings in the sum of $30,000 by 29 March 2019.

(2) The security, the subject of order 1, is to be provided on or before 29 March 2019, such security to be provided by payment into Court or provision of bank guarantee from an Australian Bank.

(3) In default of compliance with orders 1 and 2, the proceedings are to be stayed.

(4) The defendant's notice of motion filed 18 April 2018 seeking security for costs is stood over for further hearing at 10.00 am on 17 April 2019 before Harrison AsJ.

(5) The plaintiffs are to file and serve affidavits as to their financial circumstances and submissions by 10 April 2019.

(6) Costs of today are reserved. Catchwords: PROCEDURE – security for costs – application for security for costs – discretionary factors – where party is impecunious – where costs order sought would stifle proceedings Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.21 Cases Cited: KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 PS Chellaram & Co Ltd v China Ocean Shipping Co (1991) 102 ALR 321 Category: Procedural and other rulings Parties: Snezana Kures Tomic (First Plaintiff) Zlata Kures (Second Plaintiff) Brenda Ivetic (as executor of the estate of the late Peter Ivetic) (Third Plaintiff) Lindsay Graham Parker (Defendant) Representation: Counsel: J Loxton (Plaintiffs) AR Zahra (Defendant)