Stanbridge, D. v Ray, R.F. & Anor [1995] FCA 575

Stanbridge, D. v Ray, R.F. & Anor [1995] FCA 575

Security for costs was ordered because the matter was an appeal from an adverse decision on standing, the appellant was unemployed and without assets, his prospects on the preliminary standing point appeared remote, and he appeared to be appealing in a nominee or representative capacity for others who would not be exposed to costs; in those circumstances some protection for the respondents was just, while the amounts ordered were set below a full indemnity so as not to frustrate the appeal.

Jurisdiction
Australia
Judgment Date
20 July 1995
Procedural Posture
Notices of Motion for Security for Costs in an Appeal / Interlocutory Motions After Dismissal at First Instance of an Application Under S. 5(1) of the Administrative Decisions (judicial Review) Act 1977
Outcome
Security for costs ordered for both respondents and the appeal stayed until security is provided.
Legal Topics
['security for Costs on Appeal' 'stay of Appeal Pending Security' 'standing Under the Administrative Decisions (judicial Review) Act 1977' 'impecuniosity of Appellant' 'nominal or Representative Plaintiff']
['civil Procedure' 'administrative Law'] ['security for Costs on Appeal' 'stay of Appeal Pending Security' 'standing Under the Administrative Decisions (judicial Review) Act 1977' 'impecuniosity of Appellant' 'nominal or Representative Plaintiff']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Notices of Motion for Security for Costs in an Appeal / Interlocutory Motions After Dismissal at First Instance of an Application Under S. 5(1) of the Administrative Decisions (judicial Review) Act 1977

Legal Issues

  1. 1 ["Whether the appellant should be ordered to give security for the respondents' costs of the appeal." 'Whether the appeal should be stayed until security is provided.' "Whether the appellant's impecuniosity, prior adverse decision on standing, prospects of appeal, and apparent support by others justified security for costs."]

Ratio Decidendi

Security for costs was ordered because the matter was an appeal from an adverse decision on standing, the appellant was unemployed and without assets, his prospects on the preliminary standing point appeared remote, and he appeared to be appealing in a nominee or representative capacity for others who would not be exposed to costs; in those circumstances some protection for the respondents was just, while the amounts ordered were set below a full indemnity so as not to frustrate the appeal.

Court Disposition

Security for costs ordered for both respondents and the appeal stayed until security is provided.

Orders

  • ['The appellant provide security for costs to the satisfaction of the Registrar, by payment into court or otherwise, in the sum of $3000.00 for the Minister for Defence, to await the outcome of the appeal.' 'The appeal be stayed until the security for the Minister for Defence is provided.' 'The appellant provide...