Dank v Nine Network Australia Pty Ltd

The plaintiff, Dank, filed an action for defamation against the defendant, Nine Network Australia Pty Ltd. The proceedings were brought in the Supreme Court of New South Wales. Dank sought to recover damages for alleged defamatory statements broadcast by the defendant. The defendant sought an order for Dank to provide security for costs, arguing that Dank had recently been largely unsuccessful in a similar action against a different defendant and appeared to be impecunious. The court was required to determine whether the proceedings should be stayed pending payment of security for costs.

The court considered the relevant criteria for determining whether security for costs should be ordered. It noted that the plaintiff's recent history of unsuccessful litigation and apparent financial difficulties were relevant factors. The court also considered the public interest in the resolution of the dispute and the potential impact on the plaintiff's right to access the courts. The court found that the plaintiff's impecuniosity and history of unsuccessful litigation were significant factors in favour of ordering security for costs. The court also noted that the defendant had not shown that the plaintiff's impecuniosity was a result of any fault on the plaintiff's part.

The court concluded that the plaintiff should provide security for costs in the sum of $50,000. The court ordered that the proceedings be stayed until the security was paid. The court emphasised that this was not a final determination of the merits of the action and that the plaintiff remained free to seek to have the order for security for costs set aside if they were able to demonstrate that they were able to pay the costs of the proceedings.