Strata Consolidated (Australia) Pty Ltd & Ors v Bradshaw & Ors [2000] NSWCA 225
The Registrar's order for security for costs was reasonable, based on appellant's impecuniosity and circumstances indicating benefits to persons behind the appeal; no error shown by failure to consider every discretionary factor or by the form of security ordered; nor was error shown in costs order as argument on time allocation was not put below.
- Jurisdiction
- Australia
- Judgment Date
- 17 August 2000
- Procedural Posture
- Notice of Motion (review of Registrar's Decision) / Appellate Review of Interlocutory Orders
- Outcome
- Notice of Motion dismissed with costs.
- Legal Topics
- ['security for Costs' 'discretionary Powers' 'appeal Costs']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Notice of Motion (review of Registrar's Decision) / Appellate Review of Interlocutory Orders
Legal Issues
- 1 ['Whether the Registrar erred in ordering security for costs against the claimants' 'Whether the Registrar erred in the quantum and form of the security ordered' "Whether the Registrar erred in awarding 50% of opponents' costs of their motion to be costs in the appeal"]
Ratio Decidendi
The Registrar's order for security for costs was reasonable, based on appellant's impecuniosity and circumstances indicating benefits to persons behind the appeal; no error shown by failure to consider every discretionary factor or by the form of security ordered; nor was error shown in costs order as argument on time allocation was not put below.
Court Disposition
Notice of Motion dismissed with costs.
Orders
- ['Notice of motion dismissed with costs.']
Full Case Text
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