Clack v Collins (No 1) [2010] FCA 513

Clack v Collins (No 1) [2010] FCA 513

Given that the appellant has already had his day in court and been wholly unsuccessful, and that there is a substantial risk that the respondent will not be able to recover costs due to the appellant's lack of substantial Australian assets and unsubstantiated evidence of offshore assets, it is fair and just to order security for costs as a condition of the appeal proceeding.

Parties
Appellant: Darren Clack; Respondent: Michael Collins
Jurisdiction
Australia
Judgment Date
21 May 2010
Procedural Posture
Appeal / Interlocutory Application (security for Costs)
Outcome
Security for costs ordered against the appellant; amount set at $30,000; directions regarding stay and amendment of notice of appeal given
Legal Topics
Security for Costs, Appeals, Costs, Disability Discrimination
Civil Procedure Security for Costs Appeals Costs Disability Discrimination

Case Brief

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Parties

Darren Clack

Appellant

Michael Collins

Respondent

Procedural Posture

Appeal / Interlocutory Application (security for Costs)

Legal Issues

  1. 1 Whether security for costs should be ordered against the appellant in the appeal
  2. 2 Whether the appellant is impecunious and there is a real risk a costs order would not be satisfied

Ratio Decidendi

Given that the appellant has already had his day in court and been wholly unsuccessful, and that there is a substantial risk that the respondent will not be able to recover costs due to the appellant's lack of substantial Australian assets and unsubstantiated evidence of offshore assets, it is fair and just to order security for costs as a condition of the appeal proceeding.

Court Disposition

Security for costs ordered against the appellant; amount set at $30,000; directions regarding stay and amendment of notice of appeal given

Orders

  • The appellant provide security for the costs of the respondent in the amount of $30,000 within 28 days
  • The security be provided in the form of bank cheque or clear funds paid into an interest-bearing account with National Australia Bank, subject to prescribed account holders and release conditions