Mongey v Demetriou [2019] NSWSC 444

Supreme Court New South Wales

Medium Neutral Citation: Mongey v Demetriou [2019] NSWSC 444 Hearing dates: 16 April 2019 Date of orders: 23 April 2019 Decision date: 23 April 2019 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order the plaintiff within 28 days to provide security for the costs of the second defendant in the amount of $50,000 in a form suitable to the second defendant and to the Court. (2) Stay the proceedings pending compliance by the plaintiff with order (1). (3) Order that the costs of this application should be the costs in the proceedings. Catchwords: COSTS – security for costs – where plaintiff is resident in Ireland and has no assets in NSW – where defendant's motion for security for costs was filed almost eleven months after proceedings commenced by plaintiff – whether there is material to enhance the value of the presumption of prejudice flowing from the defendant's delay in brining security for costs application – whether the balance of competing factors weights in favour of the defendant – plaintiff to provide security for costs. Legislation Cited: Civil Procedure Act 2005 NSW, s 100 Contracts Review Act 1900 NSW, s 7 Uniform Civil Procedure Rules 2005 NSW, 42.21 Cases Cited: Commissioner of Taxation Vasiliades (2016) 344 ALR 558 Green (as liquidator of Arimco Mining Pty Ltd) v CGU Insurance Ltd (2008) 67 ACSR 105; [2008] NSWCA 148 Morris v Hanley [2001] NSWCA 374 Ollerenshaw v The Uniting Church in Australia Property Trust (NSW) [2017] NSWSC 1637 Pilkin v Sony Australia Ltd [2018] FCA 1018 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 PS Chellaram & Co Ltd v China Ocean Shipping Co (1991) 102 ALR 321; [1991] HCA 36 Category: Procedural and other rulings Parties: Thomas Raymond Mongey (Plaintiff) Janette Ashley (Second Defendant) Representation: Counsel: M W Sneddon (Plaintiff)