DOWN TO EARTH SPRING WATER PTY LTD v STATE BANK OF NEW SOUTH WALES [1993] NSWCA 86

DOWN TO EARTH SPRING WATER PTY LTD v STATE BANK OF NEW SOUTH WALES [1993] NSWCA 86

An order for security for costs should be made where significant uncertainty exists as to whether assets will be available to satisfy a potential costs order, and the evidence justifies the necessity of such security.

Parties
Opponent: Down to Earth Spring Water Pty Ltd (Receivers and Managers Appointed); Claimant: State Bank of New South Wales
Jurisdiction
Australia
Judgment Date
01 February 1993
Procedural Posture
Application for Security for Costs / Court of Appeal, Interlocutory Application
Outcome
Application for security for costs granted
Legal Topics
Security for Costs, Stay of Proceedings, Recovery of Costs
Civil Procedure Security for Costs Stay of Proceedings Recovery of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Down to Earth Spring Water Pty Ltd (Receivers and Managers Appointed)

Opponent

State Bank of New South Wales

Claimant

Procedural Posture

Application for Security for Costs / Court of Appeal, Interlocutory Application

Legal Issues

  1. 1 Whether an order for security for costs should be made in light of uncertainty about satisfaction of any costs order
  2. 2 Proper quantum of security for costs

Ratio Decidendi

An order for security for costs should be made where significant uncertainty exists as to whether assets will be available to satisfy a potential costs order, and the evidence justifies the necessity of such security.

Court Disposition

Application for security for costs granted

Orders

  • The opponents give security for the costs of and incidental to the appeal in the sum of $20,000 on or before 3 May 1993.
  • The appeal be stayed until the security is given.