Slade & Anor v Gea & Anor [2000] NSWSC 806

Slade & Anor v Gea & Anor [2000] NSWSC 806

The defendants did not establish special circumstances for security for costs of the appeal: adverse credibility findings and the non-payment of $450 did not justify an apprehension that the Slades would avoid costs, and the Court would not unaided evaluate the appeal as futile. The further orders sought were refused because ordering security for a judgment and costs in another court was beyond the proper exercise of the Court's inherent power to regulate its own procedure and was inconsistent with the stay effected by s 107 of the Justices Act.

Jurisdiction
Australia
Judgment Date
09 August 2000
Procedural Posture
Appeal From a Local Court Determination With a Notice of Motion for Security for Costs and Related Security Orders / Notice of Motion Heard and Determined
Outcome
Notice of motion for security for costs and related security orders dismissed.
Legal Topics
['security for Costs' 'appeals From Local Court' 'inherent Power of the Court' 'stay of Execution Pending Appeal']
['practice and Procedure' 'civil Procedure'] ['security for Costs' 'appeals From Local Court' 'inherent Power of the Court' 'stay of Execution Pending Appeal']

Case Brief

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Procedural Posture

Appeal From a Local Court Determination With a Notice of Motion for Security for Costs and Related Security Orders / Notice of Motion Heard and Determined

Legal Issues

  1. 1 ['Whether special circumstances existed under Pt 51B r14 to order security for costs of the appeal.' "Whether the Court should order security for the Geas' costs in the Local Court, security for the Local Court judgment, or payment into Court of the amount of the Local Court judgment." 'Whether s 107 of the Justices Act affected the availability or propriety of orders securing compliance with the Local Court judgment and costs pending appeal.']

Ratio Decidendi

The defendants did not establish special circumstances for security for costs of the appeal: adverse credibility findings and the non-payment of $450 did not justify an apprehension that the Slades would avoid costs, and the Court would not unaided evaluate the appeal as futile. The further orders sought were refused because ordering security for a judgment and costs in another court was beyond the proper exercise of the Court's inherent power to regulate its own procedure and was inconsistent with the stay effected by s 107 of the Justices Act.

Court Disposition

Notice of motion for security for costs and related security orders dismissed.

Orders

  • ['The notice of motion filed on 10 July 2000 is dismissed.' "The defendant/applicants are ordered to pay the plaintiff/respondents' costs of the notice of motion." 'The plaintiffs have leave to file an amended summons.' 'All parties may have access to the Local Court file when produced under subpoena.']