Donnelly and Anor v Capricornia Prospecting Pty Ltd and Ors. [2001] NSWLEC 203

Given the much greater costs incurred or anticipated by the Respondents compared to the security held, and the impending final judgment, it is inappropriate to reduce the amount of security for costs at this interim stage.

Jurisdiction: Australia
Judgment Date: 31 August 2001
Procedural Posture: Notice of Motion (interlocutory) in Class 4 Proceedings / Interim Application for Reduction of Security for Costs Prior to Final Judgment
Outcome: Applicants' application for immediate reduction of security for costs refused; Notice of Motion adjourned for mention on date of anticipated final judgment.
Legal Topics: ['security for Costs' "court's Statutory Discretion" 'land and Environment Court Procedure']

['civil Procedure'] ['security for Costs' "court's Statutory Discretion" 'land and Environment Court Procedure']

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Procedural Posture

Notice of Motion (interlocutory) in Class 4 Proceedings / Interim Application for Reduction of Security for Costs Prior to Final Judgment

Legal Issues

1 ['Whether the amount of security for costs should be reduced from $17,000 to $10,000 before final judgment is delivered']

Ratio Decidendi

Court Disposition

Applicants' application for immediate reduction of security for costs refused; Notice of Motion adjourned for mention on date of anticipated final judgment.

Orders

["Applicants' Notice of Motion for reduction in amount of security adjourned to 12 September 2001."]