Trkulja v Dobrijevic (No 2)

The case of Trkulja v Dobrijevic (No 2) involved a dispute between the plaintiff, Trkulja, and the defendant, Dobrijevic. The matter was heard in the Supreme Court of New South Wales, with the primary issue being whether the court had the inherent jurisdiction to order security for costs. Trkulja had filed multiple statements of claim against Dobrijevic, including claims for defamation, injurious falsehood, and conspiracy, which were all dismissed. Trkulja was also declared bankrupt, and Dobrijevic had been ordered to pay unpaid costs in relation to previous statements of claim. Dobrijevic sought an order for security for costs to prevent further claims.

The legal issue the court needed to decide was whether the Supreme Court had the inherent jurisdiction to order security for costs in cases where the plaintiff had been declared bankrupt and had a history of making unsuccessful claims. The court considered the nature of the cause of action and the prospects of success of the claims. It also took into account the fact that Trkulja had not provided any evidence to support the allegations in the statements of claim and had not provided any new evidence or arguments to justify the continuation of the proceedings.

The court held that it had the inherent jurisdiction to order security for costs in cases where the plaintiff had a history of making unsuccessful claims and had been declared bankrupt. The court found that the claims made by Trkulja were frivolous and vexatious, and that there was no reasonable prospect of success. The court also noted that Trkulja had not provided any evidence to support the allegations in the statements of claim and had not provided any new evidence or arguments to justify the continuation of the proceedings. The court ordered Trkulja to provide security for costs in the amount of $15,000.