Megna v Marshall [2012] NSWSC 436

Megna v Marshall [2012] NSWSC 436

The freezing orders should be varied to permit provision of the unopposed $62,000 security for costs and a limited release for legal representation costs, because Mr Tory required funds for the Court of Appeal hearing but the claimed $113,580 was excessive for a two-day appeal and the evidence required a cautious assessment; $46,390 was a proper amount for preparation and presentation of his appeal.

Jurisdiction
Australia
Judgment Date
03 May 2012
Procedural Posture
Interlocutory Application / Notice of Motion to Vary Freezing Orders Before Court of Appeal Hearing
Outcome
Orders made by Fullerton J on 4 December 2007 varied in terms of short minutes of order dated 3 May 2012.
Legal Topics
['security for Costs' 'freezing Orders' 'variation of Freezing Orders' 'legal Representation Costs on Appeal']
['costs' 'civil Procedure' 'defamation'] ['security for Costs' 'freezing Orders' 'variation of Freezing Orders' 'legal Representation Costs on Appeal']

Case Brief

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Procedural Posture

Interlocutory Application / Notice of Motion to Vary Freezing Orders Before Court of Appeal Hearing

Legal Issues

  1. 1 ['Whether freezing orders should be varied to permit Mr Tory to provide $62,000 as security for costs ordered by the Court of Appeal.' "Whether freezing orders should be varied to permit release of funds for Mr Tory's legal representation in the Court of Appeal, and in what amount."]

Ratio Decidendi

The freezing orders should be varied to permit provision of the unopposed $62,000 security for costs and a limited release for legal representation costs, because Mr Tory required funds for the Court of Appeal hearing but the claimed $113,580 was excessive for a two-day appeal and the evidence required a cautious assessment; $46,390 was a proper amount for preparation and presentation of his appeal.

Court Disposition

Orders made by Fullerton J on 4 December 2007 varied in terms of short minutes of order dated 3 May 2012.

Orders

  • ['Direct that the orders made by Fullerton J on 4 December 2007 be varied in terms of short minutes of order dated 3 May 2012.' 'The parties were required to bring in short minutes giving effect to the orders the Court indicated it was prepared to make.']