Min Kyu Kim v Byung Sun (Eric) Song

Min Kyu Kim, the plaintiff, brought a claim against Byung Sun (Eric) Song, the defendant, in the Federal Circuit Court. The dispute revolves around whether the plaintiff was "ordinarily resident" in Australia for the purposes of security for costs, and whether the Court's inherent jurisdiction to require security for costs should be exercised. The case was heard in the Federal Circuit Court of Australia.

The court was required to determine if the plaintiff was "ordinarily resident" in Australia, which is a necessary criterion for the application of security for costs. Furthermore, the court had to decide whether it should exercise its inherent jurisdiction to require security for costs, and under what circumstances the proceedings should be struck out.

The court found that the plaintiff was not "ordinarily resident" in Australia, as he had been in the country on a student visa, and his primary residence was in South Korea. Given the plaintiff's lack of ordinary residence in Australia, the court exercised its inherent jurisdiction to require security for costs, as it would be unjust to allow the proceedings to continue without such security. The court ultimately decided to strike out the proceedings due to the plaintiff's failure to provide the required security for costs.

The court's final order was to strike out the proceedings, as the plaintiff had not provided the necessary security for costs. The court held that the plaintiff's lack of ordinary residence in Australia justified the exercise of its inherent jurisdiction to require security for costs and that the circumstances warranted the striking out of the proceedings.