Burgess v Centrelink [2007] FCA 595

Burgess v Centrelink [2007] FCA 595

Given the lack of merit in the appeal, the appellant’s inability to pay existing and future costs orders, and the absence of oppression or respondent misconduct, an order for security for costs is appropriate, even considering the special context of a dispute between a citizen and the executive.

Jurisdiction
Australia
Judgment Date
24 April 2007
Procedural Posture
Appeal / Application for Security for Costs Pending Appeal
Outcome
Order for security for costs made; appeal stayed until provision of security; costs ordered against appellant
Legal Topics
['security for Costs' 'appeal Procedure' 'advance Payment of Social Security Benefits']
['practice and Procedure' 'administrative Law' 'social Security Law'] ['security for Costs' 'appeal Procedure' 'advance Payment of Social Security Benefits']

Case Brief

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Procedural Posture

Appeal / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 ['Whether an order for security for costs of an appeal should be made against an appellant in a dispute between a citizen and the executive' 'What principles and discretionary factors apply to an application for security for costs in such a context']

Ratio Decidendi

Given the lack of merit in the appeal, the appellant’s inability to pay existing and future costs orders, and the absence of oppression or respondent misconduct, an order for security for costs is appropriate, even considering the special context of a dispute between a citizen and the executive.

Court Disposition

Order for security for costs made; appeal stayed until provision of security; costs ordered against appellant

Orders

  • ['Darren John Burgess to provide security for costs of the respondents for the appeal in the amount of $2,000.' 'The appeal is stayed until security is provided or further order.' 'Each party has liberty to apply to the court on seven days notice.' 'Darren John Burgess to pay the costs of the respondents of and...