SABA v NATIONAL AUSTRALIA BANK LIMITED [1999] NSWCA 93

SABA v NATIONAL AUSTRALIA BANK LIMITED [1999] NSWCA 93

Special circumstances justifying security for costs were not demonstrated. The appeal appears genuine and not hopeless; the opponent's impecuniosity alone is insufficient grounds to order security for costs.

Jurisdiction
Australia
Judgment Date
29 March 1999
Procedural Posture
Application for Security for Costs / Appellate Court Interlocutory Application
Outcome
Application for security for costs refused with costs.
Legal Topics
['application for Security for Costs' 'special Circumstances' 'impecuniosity' 'prospects of Appeal']
['practice and Procedure'] ['application for Security for Costs' 'special Circumstances' 'impecuniosity' 'prospects of Appeal']

Case Brief

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Procedural Posture

Application for Security for Costs / Appellate Court Interlocutory Application

Legal Issues

  1. 1 ['Whether special circumstances exist justifying an order for security for costs in the context of an appeal' 'Whether the impecuniosity of the appellant and the prospects of success justify such an order']

Ratio Decidendi

Special circumstances justifying security for costs were not demonstrated. The appeal appears genuine and not hopeless; the opponent's impecuniosity alone is insufficient grounds to order security for costs.

Court Disposition

Application for security for costs refused with costs.

Orders

  • ['Application for security for costs refused.' "Claimant to pay the opponent's costs of the application."]