Beames v Rigby [2002] FCA 1095

Security for costs was appropriate as the appellant was bankrupt and there was a real risk that the respondent could not recover costs if successful; the amount sought was reasonable and did not relate to the collateral disputes advanced by the appellant.

Jurisdiction: Australia
Judgment Date: 23 August 2002
Procedural Posture: Appeal / Application for Security for Costs Pending Appeal
Outcome: Security for costs granted; costs of application awarded to respondent.
Legal Topics: ['security for Costs' 'appeal by Bankrupt' 'abuse of Process' 'impecuniosity']

['bankruptcy' 'civil Procedure'] ['security for Costs' 'appeal by Bankrupt' 'abuse of Process' 'impecuniosity']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Application for Security for Costs Pending Appeal

Legal Issues

1 ['Whether security for costs should be ordered in relation to an appeal by a bankrupt' 'Whether alleged abuse of process by judgment creditor precludes order for security for costs' "Balance between appellant's right to appeal and respondent's right to secure costs"]

Ratio Decidendi

Court Disposition

Security for costs granted; costs of application awarded to respondent.

Orders

['The appellant, Douglas Macleod Beames, give security, to the satisfaction of the Registrar in the sum of $25,000 for the costs of Geoffrey Ian Rigby incurred and to be incurred in connection with the appeal commenced by Douglas Macleod Beames in this Court and numbered Q88 of 2002, such security to be provided...