AZRIEL v SFHIR [1997] NSWCA 35

AZRIEL v SFHIR [1997] NSWCA 35

No error found in the exercise of the Registrar's discretion to order payment out of the security for costs where there was no evidence of hardship or risk to Mr Azriel, nor evidence that Mr Sfhir could not repay the sum if the appeal succeeded.

Parties
Applicant: Azriel; First Respondent: Sfhir
Jurisdiction
Australia
Judgment Date
11 August 1997
Procedural Posture
Application for Review of Registrar's Decision / Appeal From Registrar to Judge
Outcome
Applicant's notice of motion dismissed; applicant ordered to pay first respondent's costs of the motion
Legal Topics
Security for Costs, Stay of Judgment, Payment Out of Court
Civil Procedure Security for Costs Stay of Judgment Payment Out of Court

Case Brief

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Parties

Azriel

Applicant

Sfhir

First Respondent

Procedural Posture

Application for Review of Registrar's Decision / Appeal From Registrar to Judge

Legal Issues

  1. 1 Whether the Registrar erred in ordering release of security for costs to the respondent pending an application for special leave to appeal to the High Court

Ratio Decidendi

No error found in the exercise of the Registrar's discretion to order payment out of the security for costs where there was no evidence of hardship or risk to Mr Azriel, nor evidence that Mr Sfhir could not repay the sum if the appeal succeeded.

Court Disposition

Applicant's notice of motion dismissed; applicant ordered to pay first respondent's costs of the motion

Orders

  • Notice of motion filed by Mr Azriel on 17 July 1997 is dismissed
  • Mr Azriel to pay the first respondent's, Mr Sfhir's, costs of the notice of motion