Touma v Gold Holdings [2002] NSWSC 1027

Touma v Gold Holdings [2002] NSWSC 1027

The defendant did not discharge the onus of demonstrating special circumstances to justify an order for security for costs; therefore, the application was dismissed.

Jurisdiction
Australia
Judgment Date
28 October 2002
Procedural Posture
Appeal / Interlocutory Application for Security for Costs in Appeal
Outcome
Application for security for costs dismissed
Legal Topics
['security for Costs' 'appeal Procedure' 'impecuniosity' 'discretionary Power']
['civil Procedure'] ['security for Costs' 'appeal Procedure' 'impecuniosity' 'discretionary Power']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application for Security for Costs in Appeal

Legal Issues

  1. 1 ['Whether special circumstances exist to justify ordering security for costs on appeal' "Whether the plaintiff's lack of prospects and impecuniosity constitute special circumstances"]

Ratio Decidendi

The defendant did not discharge the onus of demonstrating special circumstances to justify an order for security for costs; therefore, the application was dismissed.

Court Disposition

Application for security for costs dismissed

Orders

  • ['Notice of Motion dismissed' 'Defendant to pay the costs of the application' 'Exhibits may be returned']