Liristis v Danic [2011] NSWCA 239

Leave to appeal was refused as none of the grounds raised by the applicants established arguable error or breach of principle. There was insufficient evidence of bias, no error in the application of security for costs powers, and the waiver condition imposed was lawful and appropriate.

Parties: First Applicant: Tony Liristis; Second Applicant: Tasos Liristis; Third Applicant: Rita Liristis; First Respondent: Gabriel Danic; Second Respondent: Steven Danic
Jurisdiction: Australia
Judgment Date: 12 August 2011
Procedural Posture: Application for Leave to Appeal / Post Interlocutory Orders
Outcome: Application for leave to appeal refused
Legal Topics: Security for Costs, Leave to Appeal, Apprehended Bias, Waiver Conditions

Civil Procedure Security for Costs Leave to Appeal Apprehended Bias Waiver Conditions

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2

Parties

Tony Liristis

First Applicant

Tasos Liristis

Second Applicant

Rita Liristis

Third Applicant

Gabriel Danic

First Respondent

Steven Danic

Second Respondent

Procedural Posture

Application for Leave to Appeal / Post Interlocutory Orders

Legal Issues

1 Whether there was a reasonable apprehension of bias
2 Whether security for costs order was validly made
3 Whether waiver condition imposed was lawful

Ratio Decidendi

Court Disposition

Application for leave to appeal refused

Orders

Application for leave refused.
Mr Tony Liristis to pay the respondents' costs of the proceedings in this Court as agreed or as assessed.