Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Pi v Zhou (No 3) [2017] NSWCA 224 Hearing dates: 24 August 2017 Date of orders: 22 September 2017 Decision date: 22 September 2017 Before: Payne JA Decision: (1) The summons filed on 8 March 2016 is dismissed;
(2) Mr Pi to pay the respondents’ costs as agreed or assessed.Catchwords: PROCEDURE – dismissal of proceedings for failure to pay security for costs ordered by the Court Legislation Cited: Supreme Court Act (1970) NSW
Uniform Civil Procedure Rules 2005 (NSW)Cases Cited: Ballard v Brookfield Australia Investments Ltd [2013] NSWCA 82
Fairey v Fairey (No 2) [2000] NSWCA 173
Pi v Zhou (No 2) [2017] NSWCA 16
Pi v Zhou [2015] NSWSC 1644
Pi v Zhou [2016] NSWCA 148
Porter v Gordian Runoff (No 3) [2005] NSWCA 377Category: Consequential orders (other than Costs) Parties: Guang Hua Pi (Applicant)
Jian Cheng Zhou (First respondent)
Christine Zhao (Second respondent)Representation: Solicitors:
Applicant (self-represented)
Respondents (self-represented)
File Number(s): 2015/355864
Judgment
-
PAYNE JA: By summons dated 8 March 2016 the applicant, Mr Pi, sought an extension of time to appeal from a decision of the primary judge, Adamson J, made on 9 November 2015 dismissing his claim for damages for assault and various other torts against the respondents, Mr Zhou and Mrs Zhao: Pi v Zhou [2015] NSWSC 1644.
-
Following a series of aborted applications for judicial review, the present proceedings were commenced by Mr Pi. The respondents sought security for costs and Gleeson JA ordered the applicant to provide security for the respondents’ costs in the sum of $12,000: Pi v Zhou [2016] NSWCA 148.
-
On 15 February 2017, this Court delivered its principal judgment, following a review of Gleeson JA’s orders: Pi v Zhou(No 2) [2017] NSWCA 16. The Court ordered, relevantly, that the applicant provide security for the respondents’ costs by paying into court the sum of $12,000, or by otherwise providing security for that amount in a manner satisfactory to the respondents. Pending that security being provided, the stay of the proceedings which had been ordered by Gleeson JA was continued. The Court ordered security to be provided on or before 5 April 2017.
-
The orders of the Court provided that the matter was listed before a judge of the Court on 10 April 2017 for consequential orders, or, in the event that the security had not been provided, an order for the dismissal of the proceedings.
-
On 10 April 2017, the matter was listed before me. Security for costs had not been provided. There was no appearance by either party. Rather than order the dismissal of the proceedings as had been contemplated by the orders, the parties were given a further specific opportunity to address whether the Court should dismiss the proceedings for failure to pay the security for costs which had been ordered. On 11 April 2017, the parties were notified by the Registrar and invited to make written submissions as follows:
Continue reading Pi v Zhou (No 3)
Sign in free to access the full text
- AGLC
- Pi v Zhou (No 3) [2017] NSWCA 224
- Case
- [2017] NSWCA 224
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the proceedings should be dismissed for Mr Pi's non-compliance with an earlier order requiring him to provide security for the respondents' costs. This involved an assessment of the appropriate response to a party's failure to meet a security for costs order.
Justice Payne JA considered the principles governing the dismissal of proceedings for non-compliance with court orders, particularly those relating to security for costs. The Court noted that such dismissals are a serious step, but are available where a party fails to comply with a fundamental requirement of the litigation process. The Court found that Mr Pi had not provided a sufficient explanation or justification for his failure to pay the ordered security, and that the respondents had made out their case for dismissal.
Consequently, the Court ordered that the summons filed on 8 March 2016 be dismissed, and that Mr Pi pay the respondents’ costs as agreed or assessed.
Orders
Orders of the court
(1) The summons filed on 8 March 2016 is dismissed;
(2) Mr Pi to pay the respondents’ costs as agreed or assessed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.