MANN v WESTPAC BANKING CORPORATION LIMITED [1988] NSWCA 89

MANN v WESTPAC BANKING CORPORATION LIMITED [1988] NSWCA 89

Special circumstances exist by virtue of the appellants' financial situation and the prospects of non-recovery of costs by the Bank if the appeal fails, making it appropriate to order security for costs as a condition of granting a stay of execution.

Parties
Appellant: Christopher Peter Mann; Appellant: Christine Estelle Mann; Respondent: Westpac Banking Corporation Limited
Jurisdiction
Australia
Judgment Date
22 August 1988
Procedural Posture
Appeal / Interlocutory Application for Stay and Security for Costs Pending Appeal
Outcome
Stay of execution granted, conditional on provision of security for costs; security for costs order made.
Legal Topics
Security for Costs, Stay of Execution, Appellate Procedure, Personal Guarantees
Civil Procedure Security for Costs Stay of Execution Appellate Procedure Personal Guarantees

Case Brief

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Parties

Christopher Peter Mann

Appellant

Christine Estelle Mann

Appellant

Westpac Banking Corporation Limited

Respondent

Procedural Posture

Appeal / Interlocutory Application for Stay and Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether special circumstances warrant an order for security for costs of the appeal
  2. 2 Whether a stay of execution of the judgment should be granted and on what terms
  3. 3 Whether the amended notice of appeal is adequate

Ratio Decidendi

Special circumstances exist by virtue of the appellants' financial situation and the prospects of non-recovery of costs by the Bank if the appeal fails, making it appropriate to order security for costs as a condition of granting a stay of execution.

Court Disposition

Stay of execution granted, conditional on provision of security for costs; security for costs order made.

Orders

  • Stay of execution of judgment and orders of Campbell J dated 15 March 1988 upon condition that appellants provide security to the satisfaction of the Registrar in an amount of $7,500.
  • If security is not provided within 28 days, the matter will be relisted to consider dismissal of the appeal for want of security.