Cassaniti v Katavic [2022] NSWCA 230

Cassaniti v Katavic [2022] NSWCA 230

Special circumstances for security for costs are established due to appellants' representative status, uncertainty about ability to meet costs, and past conduct; order confined to security for future costs and specific directions for use of funds held under asset preservation orders.

Jurisdiction
Australia
Judgment Date
10 November 2022
Procedural Posture
Appeal / Application for Security for Costs Made During Appeal; Orders Made Pending Concurrent Hearing of Appeal and Leave Application
Outcome
Order for security for costs granted; other ancillary orders regarding use of trust funds for legal costs made.
Legal Topics
['security for Costs' 'appeal Procedure' 'trusts' 'costs']
['procedure' 'equity'] ['security for Costs' 'appeal Procedure' 'trusts' 'costs']

Case Brief

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Procedural Posture

Appeal / Application for Security for Costs Made During Appeal; Orders Made Pending Concurrent Hearing of Appeal and Leave Application

Legal Issues

  1. 1 ['Whether special circumstances exist justifying an order for security for costs under UCPR r 51.50 in appeal proceedings' "Whether the appellants' financial position and representative capacity support security for costs" 'Whether funds held under asset preservation orders may be released for payment of legal costs']

Ratio Decidendi

Special circumstances for security for costs are established due to appellants' representative status, uncertainty about ability to meet costs, and past conduct; order confined to security for future costs and specific directions for use of funds held under asset preservation orders.

Court Disposition

Order for security for costs granted; other ancillary orders regarding use of trust funds for legal costs made.

Orders

  • ["Appellants to provide security for respondents' costs by payment into Court of $75,000 within 10 working days." 'Second respondent released from prior undertaking restraining use of court-held funds for legal costs.' 'Funds held in Court for Antalija Developments No 4 Pty Ltd as trustee to be paid out to the...