Canberra Residential Developments Pty Ltd v Brendas [2009] FCA 745

Canberra Residential Developments Pty Ltd v Brendas [2009] FCA 745

Because it was common ground that security should be provided, the appeal was complex and fact-intensive, the respondents would reasonably incur substantial recoverable costs in preparing for a two day appeal, the appellant had not shown that the estimates were substantially excessive, and a litigation funder and others stood to benefit while the appellant appeared unable to pay adverse costs, the appellant was ordered to provide security of $120,000 without that amount being oppressive.

Jurisdiction
Australia
Judgment Date
29 June 2009
Procedural Posture
Application for Security for Costs in Appellate Proceedings / Interlocutory Motion on Appeal
Outcome
The first and second respondents' motion for security for costs was granted and security was fixed at $120,000, with costs of the motion fixed at $6,500.
Legal Topics
['security for Costs' 'litigation Funding' 'party/party Costs' 'assessment of Appeal Costs']
['civil Procedure' 'costs' 'appellate Procedure'] ['security for Costs' 'litigation Funding' 'party/party Costs' 'assessment of Appeal Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Security for Costs in Appellate Proceedings / Interlocutory Motion on Appeal

Legal Issues

  1. 1 ['What amount of security for costs the appellant should provide for the appeal.' 'Whether late responsive evidence and cross-examination should be permitted on the security for costs motion.' 'Whether the existence of a litigation funder and other persons standing to benefit supported an order for adequate security.']

Ratio Decidendi

Because it was common ground that security should be provided, the appeal was complex and fact-intensive, the respondents would reasonably incur substantial recoverable costs in preparing for a two day appeal, the appellant had not shown that the estimates were substantially excessive, and a litigation funder and others stood to benefit while the appellant appeared unable to pay adverse costs, the appellant was ordered to provide security of $120,000 without that amount being oppressive.

Court Disposition

The first and second respondents' motion for security for costs was granted and security was fixed at $120,000, with costs of the motion fixed at $6,500.

Orders

  • ['The appellant provide security to the first and second respondents for the costs of the appeal, including the motion heard today, in the sum of $120,000, such security to be provided in a form acceptable to the registrar on or before 19 July 2009, failing which the proceedings be stayed until further order.' 'The...