Pi v Zhou (No 3)

In *Pi v Zhou (No 3)*, the Supreme Court of Victoria was asked to consider the dismissal of proceedings due to a failure to pay security for costs. The applicant, Mr Pi, sought to have the proceedings continued, while the respondents sought their dismissal.

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.