Skyring, Alan George v Sweeney, Paul Desmond [1997] FCA 532

Security for costs was ordered because Mr Skyring was impecunious and, given the history of his unsuccessful litigation concerning the currency issue, the appeal had little prospects of success.

Jurisdiction: Australia
Judgment Date: 13 June 1997
Procedural Posture: Respondent's Application for Security for Costs of an Appeal / Notice of Motion in Appeal
Outcome: Application for security for costs granted.
Legal Topics: ['security for Costs' 'stay of Appeal' 'impecuniosity' 'prospects of Success' 'legal Tender Argument']

['civil Procedure' 'bankruptcy' 'contempt of Court' 'constitutional Law'] ['security for Costs' 'stay of Appeal' 'impecuniosity' 'prospects of Success' 'legal Tender Argument']

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Procedural Posture

Respondent's Application for Security for Costs of an Appeal / Notice of Motion in Appeal

Legal Issues

1 ["Whether Mr Skyring should provide security for the respondent's costs of the appeal." 'Whether the appeal should be stayed unless and until security is provided.' "Whether Mr Skyring's impecuniosity and the appeal's prospects of success justified ordering security for costs."]

Ratio Decidendi

Security for costs was ordered because Mr Skyring was impecunious and, given the history of his unsuccessful litigation concerning the currency issue, the appeal had little prospects of success.

Court Disposition

Application for security for costs granted.

Orders

["Mr Skyring provide security to the extent of $5,000 for the respondent's costs of the appeal in a form acceptable to the District Registrar." 'The appeal be stayed unless and until that security is provided.' 'Mr Skyring pay the costs of the respondent of and incidental to the notice of motion.']