Snedden v Nationwide News Pty Limited (No 2) [2010] NSWCA 117

Snedden v Nationwide News Pty Limited (No 2) [2010] NSWCA 117

The combination of the appellant's lack of assets, willingness to abandon the appeal to evade custody, and the respondent's significant unrecoverable legal costs amount to special circumstances supporting an order for security for costs on appeal.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 May 2010
Procedural Posture
Appeal / Application for Security for Costs
Outcome
Security for costs ordered, appeal stayed pending provision of security, appellant to pay respondent's costs of notice of motion, second notice of motion dismissed.
Legal Topics
['security for Costs' 'appeals']
['civil Procedure'] ['security for Costs' 'appeals']

Source-derived case record

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Procedural Posture

Appeal / Application for Security for Costs

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant security for costs on appeal' 'Whether ordering security for costs would stultify the proceedings']

Ratio Decidendi

The combination of the appellant's lack of assets, willingness to abandon the appeal to evade custody, and the respondent's significant unrecoverable legal costs amount to special circumstances supporting an order for security for costs on appeal.

Court Disposition

Security for costs ordered, appeal stayed pending provision of security, appellant to pay respondent's costs of notice of motion, second notice of motion dismissed.

Orders

  • ['Appellant to provide $40,000 security for costs within 28 days to satisfaction of Registrar.' 'Appeal stayed until security provided.' "Appellant to pay respondent's costs of notice of motion." 'Second notice of motion for security for costs dismissed and any return date vacated.']