NSW What happens if the defendant gets security of costs and the plaintiff cannot afford to pay, resulting in dismissal?

[Jaywoo220]

What happens if the defendant gets 'security of costs' and the plaintiff cannot afford to pay, resulting in dismissal of proceedings?

Will the defendant get a costs order or will there be no order as to costs?

 

[Rod]

plaintiff cannot afford to pay, resulting in dismissal of proceedings?

See UNIFORM CIVIL PROCEDURE RULES 2005 - REG 42.21 (3) If the plaintiff fails to comply with an order under this rule, the court may order that the proceeding on the plaintiff's claim for relief in the proceedings be dismissed.

 

[Tim W]

A while back, when discussing costs, I wrote:

When you lose (in court), you will pay their costs as well as your own.
If you were somebody who took advice, then you would be well advised
to start preparing for that situation now.
The lawyers you patently cannot afford would likely tell you
to try not to pick a fight that you, literally, cannot afford to lose.

Dismissal is not an application that is granted lightly.
That's why the rule provides for a process and a set of factors
that the court is required to consider.

 

[Jaywoo220]

Thanks guys, still does not the answer the question though.

If I cannot pay the security of costs requested, and the matter is dismissed under Ucpr 42.21(3), will the court order I have to pay the defendants costs or is there just a permanent stay of proceedings.

 

[Jaywoo220]

Tim, thanks for the advice, but you said the same (i think) regarding the hotel and the security guard matter and you were not correct then regarding outcome.

 

[Tim W]

Thanks guys, still does not the answer the question though.

If I cannot pay the security of costs requested, and the matter is dismissed under Ucpr 42.21(3), will the court order I have to pay the defendants costs or is there just a permanent stay of proceedings.

There's no stay of proceedings here - your matter appears to have been dismissed.
The court has the option to make you pay the defendant's costs to date.
Did they not make an order as to costs at the time?

 

[Tim W]

....you were not correct then regarding outcome.

If it helps you sleep at night, then you go right ahead and keep on believing that.

 

[Jaywoo220]

There's no stay of proceedings here - your matter appears to have been dismissed.
The court has the option to make you pay the defendant's costs to date.
Did they not make an order as to costs at the time?

It has not gone back yet. There has been a "SOC" application. I just wanted to know if I I cannot (or will not) pay the requested amount, what will happen?

 

[Jaywoo220]

If it helps you sleep at night, then you go right ahead and keep on believing that.

I am just saying, you said I did not have a case and I did. I do not want to argue Tim, I came here to seek help and help others when I know the answer myself.

 

[Docupedia]

If there’s a costs order against you and you cannot/will not pay, then it can be enforced as a judgment debt, and therefore treated like any other court judgment.