TANNING RESEARCH LABORATORY INC v O'BRIEN [1988] NSWCA 153

TANNING RESEARCH LABORATORY INC v O'BRIEN [1988] NSWCA 153

Security for costs should not be ordered as special circumstances are not established: the appellant is a bona fide liquidator, there is a cross-appeal, the appeal is imminent, and the claimant delayed in bringing the motion.

Parties
Claimant: Tanning Research Laboratory Inc; Opponent/respondent: O'Brien (liquidator of Hawaiian Tropic Pty Limited)
Jurisdiction
Australia
Judgment Date
14 March 1988
Procedural Posture
Motion for Security for Costs in Appeal / Interlocutory Application Before Listed Appeal Hearing
Outcome
Motion for security for costs dismissed.
Legal Topics
Security for Costs, Appeals, Liquidation, Delay in Applications
Civil Procedure Security for Costs Appeals Liquidation Delay in Applications

Case Brief

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Parties

Tanning Research Laboratory Inc

Claimant

O'Brien (liquidator of Hawaiian Tropic Pty Limited)

Opponent/respondent

Procedural Posture

Motion for Security for Costs in Appeal / Interlocutory Application Before Listed Appeal Hearing

Legal Issues

  1. 1 Whether special circumstances exist to warrant an order for security for costs on appeal.
  2. 2 Whether delay in bringing the application for security for costs affects the exercise of discretion.

Ratio Decidendi

Security for costs should not be ordered as special circumstances are not established: the appellant is a bona fide liquidator, there is a cross-appeal, the appeal is imminent, and the claimant delayed in bringing the motion.

Court Disposition

Motion for security for costs dismissed.

Orders

  • Motion dismissed.
  • Claimant must pay the opponent's costs.