Mothership Music Pty Ltd v Flo Rida (aka Tramar Dillard)

Mothership Music Pty Ltd (Mothership) appealed a judgment given in its absence against Flo Rida (Tramar Dillard). The appeal was heard by Meagher JA.

The primary legal issue before the Court was whether leave to appeal was required from a judgment given in the absence of a party, particularly where that judgment might be set aside under the Uniform Civil Procedure Rules 2005 (UCPR). A secondary issue concerned whether security for costs should be ordered against Mothership, the appellant, who was resident outside Australia and had no assets in Australia.

Meagher JA determined that a judgment given in the absence of a party, even if capable of being set aside under UCPR r 36.16(2)(b), was nevertheless a final judgment and conclusive of the parties' rights at that point. Consequently, leave to appeal was not required. Regarding security for costs, the Court found that Mothership, being resident outside Australia with no assets in Australia, had not established it possessed sufficient assets in its place of residence or that an order for costs could be readily enforced there. Accordingly, security for costs was ordered.

The Court ordered that Mothership provide security for Flo Rida's costs of the appeal in the sum of $21,000 within 28 days, either by payment into Court or by other agreed means, with a stay on proceedings until security was provided. The applicant's notice of motion filed on 26 September 2012 was otherwise dismissed.