DD v PP [2022] NSWCA 98

DD v PP [2022] NSWCA 98

Special circumstances exist justifying an order for security for costs, given (i) appellant's bankruptcy, limited assets, and absence of evidence appeal would be stifled; (ii) appeal's weak prospects; (iii) strong risk respondent would be unable to recover costs if successful. Non-publication orders are necessary for administration of justice in sexual offence proceedings to protect complainant identity.

Jurisdiction
Australia
Judgment Date
27 May 2022
Procedural Posture
Appeal / Interlocutory (notice of Motion for Security for Costs and Anonymisation Orders)
Outcome
Security for costs ordered; proceedings stayed pending provision of security; anonymisation/non-publication orders granted; motion otherwise dismissed; costs awarded as respondent's costs in appeal.
Legal Topics
['security for Costs' 'appeal Procedure' 'non Publication Orders' 'sexual Assault Proceedings' 'bankruptcy and Enforcement']
['civil Procedure' 'costs' 'suppression/anonymisation'] ['security for Costs' 'appeal Procedure' 'non Publication Orders' 'sexual Assault Proceedings' 'bankruptcy and Enforcement']

Case Brief

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Procedural Posture

Appeal / Interlocutory (notice of Motion for Security for Costs and Anonymisation Orders)

Legal Issues

  1. 1 ["Whether 'special circumstances' exist to justify security for costs on appeal" 'Whether order for security would stifle a reasonably arguable appeal' 'Appropriateness of anonymisation/non-publication orders given sexual assault context']

Ratio Decidendi

Special circumstances exist justifying an order for security for costs, given (i) appellant's bankruptcy, limited assets, and absence of evidence appeal would be stifled; (ii) appeal's weak prospects; (iii) strong risk respondent would be unable to recover costs if successful. Non-publication orders are necessary for administration of justice in sexual offence proceedings to protect complainant identity.

Court Disposition

Security for costs ordered; proceedings stayed pending provision of security; anonymisation/non-publication orders granted; motion otherwise dismissed; costs awarded as respondent's costs in appeal.

Orders

  • ["Appellant to give security for respondent's costs of appeal by 31 August 2022 in the amount of $32,000 by payment into court or provision of security to Registrar's satisfaction." 'Proceedings stayed until security is given.' 'Liberty to respondent to apply after 31 August 2022 for order that appeal be dismissed...