CASTLEREAGH STUD PTY LTD v HOOPER [1994] NSWCA 42

CASTLEREAGH STUD PTY LTD v HOOPER [1994] NSWCA 42

No order for security for costs is made in view of the respondent's preference for expedition and the desirability of a swift hearing; the only order made is for expedition of the appeal.

Parties
Appellant: Castlereagh Stud Pty Ltd; Respondent: Mr Hooper and S J Hooper Pty Ltd
Jurisdiction
Australia
Judgment Date
26 August 1994
Procedural Posture
Appeal / Pre Hearing Motion
Outcome
Appeal expedited
Legal Topics
Stay of Execution, Security for Costs, Expedition of Appeal
Stay of Execution Security for Costs Expedition of Appeal

Case Brief

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Parties

Castlereagh Stud Pty Ltd

Appellant

Mr Hooper and S J Hooper Pty Ltd

Respondent

Procedural Posture

Appeal / Pre Hearing Motion

Legal Issues

  1. 1 Whether security for costs should be ordered against the appellant
  2. 2 Whether the appeal should be expedited

Ratio Decidendi

No order for security for costs is made in view of the respondent's preference for expedition and the desirability of a swift hearing; the only order made is for expedition of the appeal.

Court Disposition

Appeal expedited

Orders

  • The appeal be expedited and fixed for hearing on 16 September 1994.
  • Appellant to file written submissions by 5 September 1994.