Croker v Deputy Registrar of the High Court of Australia [2003] FCA 681

Croker v Deputy Registrar of the High Court of Australia [2003] FCA 681

The application for leave to appeal was dismissed as Madgwick J exercised his discretion correctly in ordering security for costs; the factors taken into account were proper and appellant's arguments did not establish error or miscarriage of justice.

Jurisdiction
Australia
Judgment Date
02 July 2003
Procedural Posture
Application for Leave to Appeal / Determination of Leave to Appeal
Outcome
application for leave to appeal dismissed with costs
Legal Topics
['leave to Appeal' 'security for Costs' 'role of Single Judge Vs Full Court']
['practice and Procedure'] ['leave to Appeal' 'security for Costs' 'role of Single Judge Vs Full Court']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Appeal / Determination of Leave to Appeal

Legal Issues

  1. 1 ['Whether a single judge has power to order security for costs in an appeal to be heard by the Full Court' 'Whether leave to appeal should be granted from the order for security for costs' 'Whether the discretion to order security for costs was properly exercised']

Ratio Decidendi

The application for leave to appeal was dismissed as Madgwick J exercised his discretion correctly in ordering security for costs; the factors taken into account were proper and appellant's arguments did not establish error or miscarriage of justice.

Court Disposition

application for leave to appeal dismissed with costs

Orders

  • ['The application for leave to appeal be dismissed with costs.']