Mathews v All Options Pty Ltd [2019] FCA 1972

Mathews v All Options Pty Ltd [2019] FCA 1972

An order for security for costs is justified against both appellants as there is a substantial risk that any costs order on the appeal would not be satisfied, the asserted impecuniosity of the first appellant is not clearly established, and there is no evidence or submission that an order for security would stultify the appeal; the amount of security ordered should be $62,000 reflecting reasonable estimates and appropriate discounts.

Jurisdiction
Australia
Judgment Date
22 November 2019
Procedural Posture
Appeal / Interlocutory Application for Security for Costs
Outcome
Application for security for costs granted; appeal stayed pending provision of security; appeal to be dismissed if security not provided within 42 days; timetabling orders for hearing of appeal made.
Legal Topics
['security for Costs' 'appellate Procedure' 'costs' 'impecuniosity' 'stay of Proceedings']
['practice and Procedure'] ['security for Costs' 'appellate Procedure' 'costs' 'impecuniosity' 'stay of Proceedings']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 ['Whether an order for security for costs should be made against the appellants in respect of the appeal' 'Whether the order for security would stultify the appeal, particularly as against a natural person appellant' 'What quantum of security for costs is appropriate']

Ratio Decidendi

An order for security for costs is justified against both appellants as there is a substantial risk that any costs order on the appeal would not be satisfied, the asserted impecuniosity of the first appellant is not clearly established, and there is no evidence or submission that an order for security would stultify the appeal; the amount of security ordered should be $62,000 reflecting reasonable estimates and appropriate discounts.

Court Disposition

Application for security for costs granted; appeal stayed pending provision of security; appeal to be dismissed if security not provided within 42 days; timetabling orders for hearing of appeal made.

Orders

  • ["The appellants are to give security for the respondent's costs of the appeal in the sum of $62,000 by payment into Court." 'The appeal is stayed until security for costs has been provided by the appellants.' 'The appeal be dismissed if security is not provided within 42 days of the order.' "The costs of the...