HP Mercantile Pty Ltd v Dierickx [2013] NSWCA 87

HP Mercantile Pty Ltd v Dierickx [2013] NSWCA 87

Given the undemanding nature of the test and the evidence on the appellant's financial position, there is reason to believe the appellant may be unable to pay costs of an unsuccessful appeal, warranting an order for security for costs to be provided on a staged basis.

Jurisdiction
Australia
Judgment Date
08 April 2013
Procedural Posture
Interlocutory Application / Application for Security for Costs in Appeal
Outcome
Application granted; order for security for costs made.
Legal Topics
['security for Costs' 'application in Corporation Appeals']
['practice and Procedure'] ['security for Costs' 'application in Corporation Appeals']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Application for Security for Costs in Appeal

Legal Issues

  1. 1 ['Whether order for security for costs should be made against corporate appellant in appeal proceedings' 'What quantum and staging, if any, of security is appropriate']

Ratio Decidendi

Given the undemanding nature of the test and the evidence on the appellant's financial position, there is reason to believe the appellant may be unable to pay costs of an unsuccessful appeal, warranting an order for security for costs to be provided on a staged basis.

Court Disposition

Application granted; order for security for costs made.

Orders

  • ['Appellant to provide security for 70% of the sums in the schedule in Exhibit B according to hearing timetable: 70% of items 1 and 2 within 14 days; 70% of items 3 and 4 six weeks prior to appeal hearing; 70% of item 5 one week before hearing.' 'Proceedings stayed for any tranche not paid in accordance with orders...