The Owners - Strata Plan 87265 v Saaib

The Owners of Strata Plan 87265 initiated proceedings against Saaib, seeking security for costs in a dispute concerning a property development and associated works. The case was heard in the Supreme Court of New South Wales. The plaintiffs, representing a strata corporation, sought an order for the defendant to provide security for the costs of the proceedings, arguing that their impecuniosity was attributable to the defendant's actions, which led to the dispute. Saaib opposed the application, contending that the plaintiffs' financial difficulties were not directly linked to his conduct and that there was a significant risk of stultification of the plaintiffs' claim if security was required.

The court was required to determine whether the plaintiffs' impecuniosity was attributable to the defendant's conduct, and if so, whether it was just to order the defendant to provide security for the plaintiffs' costs. The court also had to consider the potential risk of stultification of the plaintiffs' claim if security was required. The primary focus was on the principles governing security for costs and the factors that should be taken into account in deciding whether to make such an order.

The court found that the plaintiffs' impecuniosity was indeed attributable to the defendant's conduct, as the financial difficulties arose from the dispute over the property development and associated works. The court held that it was just to order the defendant to provide security for the plaintiffs' costs, given the direct link between the financial difficulties and the defendant's actions. The court also considered the risk of stultification and found that, while there was some risk, it was not sufficient to outweigh the other relevant factors. The court concluded that the defendant should provide security for the plaintiffs' costs, taking into account the specific circumstances of the case.

The court ordered that Saaib provide security for the costs of the plaintiffs, the Owners of Strata Plan 87265, in the amount of $50,000. The order was made on the basis that the plaintiffs' impecuniosity was attributable to Saaib's conduct and that it was just to require security for costs in these circumstances.