Black Hill Residents Group Inc v Marist Youth Care Ltd [2021] NSWCA 314

Black Hill Residents Group Inc v Marist Youth Care Ltd [2021] NSWCA 314

Security for costs ordered because appellant, a corporation, cannot pay respondent's costs if appeal fails, evidence does not establish beneficiaries lack means, and no special prospects warrant declining order. Failure to provide security results in dismissal of appeal.

Parties
Appellant: Black Hill Residents Group Incorporated; First Respondent: Marist Youth Care Limited; Second Respondent: Minister for Families, Communities and Disability Services
Jurisdiction
Australia
Judgment Date
14 December 2021
Procedural Posture
Appeal / Application for Security for Costs
Outcome
Security for costs ordered; self-executing dismissal if not provided
Legal Topics
Security for Costs, Development Consent, Transitional Group Home, Impecuniosity
Civil Procedure Security for Costs Development Consent Transitional Group Home Impecuniosity

Case Brief

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Parties

Black Hill Residents Group Incorporated

Appellant

Marist Youth Care Limited

First Respondent

Minister for Families, Communities and Disability Services

Second Respondent

Procedural Posture

Appeal / Application for Security for Costs

Legal Issues

  1. 1 Whether appellant should be ordered to provide security for costs of the appeal
  2. 2 Whether evidence establishes that persons who benefit from litigation are without means
  3. 3 Whether appeal has sufficient prospects to avoid security order

Ratio Decidendi

Security for costs ordered because appellant, a corporation, cannot pay respondent's costs if appeal fails, evidence does not establish beneficiaries lack means, and no special prospects warrant declining order. Failure to provide security results in dismissal of appeal.

Court Disposition

Security for costs ordered; self-executing dismissal if not provided

Orders

  • Within 28 days the appellant give security for the first respondent's costs of the appeal in the sum of $70,000 either by payment into court or by provision of security for that sum in a form approved by the registrar.
  • If security for costs is not provided in accordance with order 1 the appeal be dismissed.