Thomson v STX Pan Ocean Co Ltd [2011] FCA 254

Thomson v STX Pan Ocean Co Ltd [2011] FCA 254

It is appropriate to order that Mr Thomson provide security for costs of the appeal because he is impecunious, there is a high risk he cannot satisfy an adverse costs order, and no evidence shows the security order would stifle the appeal. The quantum of security is set at $55,000 after reviewing estimates, opposing submissions, and making reasoned reductions.

Jurisdiction
Australia
Judgment Date
23 March 2011
Procedural Posture
Appeal / Security for Costs Application
Outcome
Application for security for costs granted.
Legal Topics
['security for Costs' 'costs on Appeal' 'impecuniosity' 'quantum of Security']
['civil Procedure'] ['security for Costs' 'costs on Appeal' 'impecuniosity' 'quantum of Security']

Case Brief

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Procedural Posture

Appeal / Security for Costs Application

Legal Issues

  1. 1 ['Should the appellant provide security for costs of the appeal?' 'Is the appellant impecunious?' 'Would an order for security for costs stifle the appeal while allowing the cross-appeal to proceed?' 'Is the estimate of costs of appeal excessive?' 'What is the relevance of the appellant being the defendant below?']

Ratio Decidendi

It is appropriate to order that Mr Thomson provide security for costs of the appeal because he is impecunious, there is a high risk he cannot satisfy an adverse costs order, and no evidence shows the security order would stifle the appeal. The quantum of security is set at $55,000 after reviewing estimates, opposing submissions, and making reasoned reductions.

Court Disposition

Application for security for costs granted.

Orders

  • ["Appellant must provide $55,000 security for respondent's costs of the appeal within 21 days." 'If appellant fails to comply, appeal is stayed pending further or other order.' 'Costs of the security application to be costs in the cause.']