AUSTEUR PTY LIMITED v VLAHOS [1996] NSWCA 31

AUSTEUR PTY LIMITED v VLAHOS [1996] NSWCA 31

There were special circumstances (appellant's lack of assets, poor prospects of success, and potential inability to pay costs) justifying an order for security for costs, and the sum of $8,000 was appropriate given the issues and cost estimates.

Parties
Appellant / Opponent: Austeur Pty Limited; Respondent / Claimant: Sam Vlahos; Respondent / Claimant: Olga Vlahos
Jurisdiction
Australia
Judgment Date
11 March 1996
Procedural Posture
Security for Costs Application in Appellate Proceedings / Court of Appeal—interlocutory Application Before the Appeal Hearing
Outcome
Security for costs ordered; appeal stayed until security provided; costs of application to claimants.
Legal Topics
Security for Costs, Appeal Procedure, Possession of Premises, Mesne Profits, Adjournment of Hearing
Civil Procedure Landlord and Tenant Security for Costs Appeal Procedure Possession of Premises Mesne Profits Adjournment of Hearing

Case Brief

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Parties

Austeur Pty Limited

Appellant / Opponent

Sam Vlahos

Respondent / Claimant

Olga Vlahos

Respondent / Claimant

Procedural Posture

Security for Costs Application in Appellate Proceedings / Court of Appeal—interlocutory Application Before the Appeal Hearing

Legal Issues

  1. 1 Whether the appellant (Austeur Pty Limited) should be ordered to provide security for the respondents' (Vlahos) costs of appeal
  2. 2 Whether special circumstances make it just for security to be ordered under Pt 51 r 11 of the Supreme Court Rules

Ratio Decidendi

There were special circumstances (appellant's lack of assets, poor prospects of success, and potential inability to pay costs) justifying an order for security for costs, and the sum of $8,000 was appropriate given the issues and cost estimates.

Court Disposition

Security for costs ordered; appeal stayed until security provided; costs of application to claimants.

Orders

  • The appeal is stayed until the appellant provides security towards the respondents' costs of the appeal in the sum of $8,000 in such form as may be agreed by the parties or failing agreement settled by the Registrar.
  • If the appellant fails to provide such security in such sum and in such form within twenty-eight days of today or such further time as the Registrar may allow, the respondents are at liberty to apply to the Court to have the appeal dismissed.