Sklavos v The University of Newcastle

1. [1]

   This is an application for costs by the defendant, The University of Newcastle, in respect of a Notice of Motion, which was filed in this Court on 4 July 2025. The Notice of Motion sought that the plaintiff provide security for costs of the defendant, in the sum of $300,000, for a period from the commencement of the proceeding until a mediation in the proceeding.

2. [2]

   Today, the parties have agreed on orders that, by 15 August 2025, the plaintiff will provide a first tranche of security in respect of the defendant's costs of the proceedings, up to and including the mediation, in the form of an executed Deed of Indemnity, and also a payment into Court of $60,000. This last figure of $60,000 is designed to enable the costs of any enforcement proceedings outside of Australia to be protected against.

3. [3]

   The parties are agreed that the Notice of Motion for security should stand over to a date to be fixed, presumably after the mediation. The parties differ as to what order, if any, for costs, ought to be made. The defendant seeks that its costs of the Motion be ordered to be paid by the plaintiff. The plaintiff submits that the costs ought to be reserved until the final determination of the Motion.

4. [4]

   As I have earlier said, the Notice of Motion was first filed on 4 July 2025 and today is the first day it is listed before the Court. Whilst it may be said that, had the plaintiff been more diligent and timely in arranging for security for costs, there would have been no need for a Notice of Motion to be filed, on the other hand, the Notice of Motion which has been filed was only filed recently, and it has not yet been fully or substantially determined.

5. [5]

   In those circumstances, in my view, it is inappropriate to make any order for costs at the moment, but the order for costs should be attended to at the time the Notice of Motion is finally disposed of.

Orders

1. [6]

   In those circumstances, in addition to other case management orders made by the Court, I make the following orders:

   1. (1)

      Reserve the costs of today of the Notice of Motion seeking security for costs.