ALLIED ASPHALT COMPANY PTY LTD v CITRA CONSTRUCTIONS LTD [1990] NSWCA 6

ALLIED ASPHALT COMPANY PTY LTD v CITRA CONSTRUCTIONS LTD [1990] NSWCA 6

The claimant has established special circumstances for security for costs due to the appellant's enduring insolvency, irrespective of appeal outcome, and therefore an order for security is warranted.

Parties
Appellant: Allied Asphalt Company Pty Ltd; Respondent: Citra Constructions Ltd
Jurisdiction
Australia
Judgment Date
05 November 1990
Procedural Posture
Civil Appeal / Application for Security for Costs
Outcome
Application for security for costs granted
Legal Topics
Security for Costs, Appeals, Impecuniosity
Civil Procedure Security for Costs Appeals Impecuniosity

Case Brief

Summary, issues, holding and outcome

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Parties

Allied Asphalt Company Pty Ltd

Appellant

Citra Constructions Ltd

Respondent

Procedural Posture

Civil Appeal / Application for Security for Costs

Legal Issues

  1. 1 Whether special circumstances exist for an order for security for costs in the appeal
  2. 2 Effect of appellant's impecuniosity on respondent's risk of being unable to recover costs

Ratio Decidendi

The claimant has established special circumstances for security for costs due to the appellant's enduring insolvency, irrespective of appeal outcome, and therefore an order for security is warranted.

Court Disposition

Application for security for costs granted

Orders

  • Appellant to give security for costs of appeal within 21 days to the satisfaction of the Registrar of the Court of Appeal.
  • Liberty to apply granted on two days' notice.