W & D Pty Ltd v Chandra [2012] NSWCA 116

W & D Pty Ltd v Chandra [2012] NSWCA 116

Although the appeal was comparatively recent, the ordered security for costs had not been provided, the appellant had not responded or appeared despite notice, and its solicitors no longer had instructions; therefore it was appropriate to dismiss the appeal under Uniform Civil Procedure Rules 2005, r 42.21(3). The material did not warrant indemnity costs.

Jurisdiction
Australia
Judgment Date
23 April 2012
Procedural Posture
Civil Appeal / Notice of Motion to Dismiss Appeal for Failure to Provide Security for Costs
Outcome
Appeal dismissed.
Legal Topics
['dismissal of Appeal' 'security for Costs' 'costs' 'want of Provision of Security for Costs']
['civil Procedure'] ['dismissal of Appeal' 'security for Costs' 'costs' 'want of Provision of Security for Costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil Appeal / Notice of Motion to Dismiss Appeal for Failure to Provide Security for Costs

Legal Issues

  1. 1 ['Whether the appeal should be dismissed because the appellant failed to provide security for costs ordered on 5 March 2012.' 'Whether the respondents should receive indemnity costs of the appeal.']

Ratio Decidendi

Although the appeal was comparatively recent, the ordered security for costs had not been provided, the appellant had not responded or appeared despite notice, and its solicitors no longer had instructions; therefore it was appropriate to dismiss the appeal under Uniform Civil Procedure Rules 2005, r 42.21(3). The material did not warrant indemnity costs.

Court Disposition

Appeal dismissed.

Orders

  • ['Dismiss the appeal.' 'Respondent to the notice of motion (appellant) to pay the costs seeking the dismissal order.' "Respondent to the notice of motion (appellant) to pay the applicants' (respondents') costs of the appeal."]