Mohareb v Fairfax Media Publications Pty Limited; Mohareb v Harbour Radio Pty Limited [2019] NSWSC 1685

Supreme Court New South Wales

Medium Neutral Citation: Mohareb v Fairfax Media Publications Pty Limited; Mohareb v Harbour Radio Pty Limited [2019] NSWSC 1685 Hearing dates: 26 November 2019 Decision date: 29 November 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) Order the plaintiff to provide security for costs by paying into Court on or before 20 December 2019 the sum of $75,000, which is to comprise security in the amount of $25,000 for each of:

(a) Harbour Radio Pty Ltd and Ray Hadley;

(b) Fairfax Media Publications Pty Ltd and Louise Hall; and

(c) The State of New South Wales.

(2) If security is not provided as directed by 20 December 2019, stay the proceedings from 21 December 2019.

(3) Order the plaintiff to pay the defendants' costs of the defendants' notices of motion for security for costs. Catchwords: COSTS – security for costs – prejudice to defendants occasioned by plaintiff's apparent impecuniosity and income in circumstances where plaintiff continues to receive financial support from family – future conduct of proceedings particularly uncertain – no evidence that order for costs would stultify proceedings – need to take into account disproportionality between costs required to be incurred to defend the proceedings and likely award of damages Legislation Cited: Bankruptcy Act 1966 (Cth), s 60 Uniform Civil Procedure Rules 2005 (NSW), rr 42.21, 42.34 Vexatious Proceedings Act 2008 (NSW) Cases Cited: APEP Pty Ltd v Smalley (1983) 8 ACLR 260 Attorney-General (NSW) v Chidgey [2008] NSWCCA 65; (2008) 182 A Crim R 536 Bell Wholesale Co Ltd v Gates Export Corporation (No 2) (1984) 2 FCR 1; [1984] FCA 34 Bond v The Trustee of the Property of Alan Bond, a Bankrupt (1994) 32 ALD 770 Cherry v Read (Federal Court of Australia, 21 November 1996, unrep) Green (as liquidator of Arimco Mining Pty Ltd) v CGU Insurance Ltd [2008] NSWCA 148; (2008) 67 ACSR 105 Jazabas Pty Ltd v Haddad [2007] NSWCA 291; (2007) 65 ACSR 276 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Li v State of New South Wales [2013] NSWCA 165 LRSM Enterprise Pty Ltd v Zurich Australian Insurance Limited [2014] NSWCA 88 Lucas v Yorke (1983) 58 ALJR 20 Palmer v Mohareb [2019] NSWSC 975 The Attorney General for the State of New South Wales v Mohareb [2016] NSWSC 1823 Category: Procedural and other rulings Parties: Proceedings no. 2017/25606: