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

[Tim W]

Thanks Rod, but if I cannot pay the security, and it gets dismissed under 42.21(3), will there be a costs order against me? Or will both parties just walk away with no order as to costs? Or is it at discretion of judge?

Has the Security of Costs order been made yet?

 

[Tim W]

They must have a weak/invalid defence.

Perhaps the opposite.
Perhaps the prospects of success are so much in favour of the defendants in the principal matter
that they are seeking some confidence that their costs can be paid.

We don't have nearly enough to even make a guess.
For example, we don't even know exactly who the defendant is,
the nature of the claim, nor the statutory basis upon which it's being brought,
nor even in what venue.
All of which is relevant long before we dare speculate about discretionary interlocutory costs.

 

[Jaywoo220]

Has the Security of Costs order been made yet?

No