AZRIEL v SFHIR [1993] NSWCA 13

AZRIEL v SFHIR [1993] NSWCA 13

The combination of the appellant's impecuniosity, respondent's inability to enforce the judgment, the small amount of the judgment relative to potential costs, and the appellant's prior failures constitute special circumstances warranting an order for security for costs.

Parties
Appellant: Eliezer Azriel; Respondent: SFHIR
Jurisdiction
Australia
Judgment Date
26 July 1993
Procedural Posture
Appeal / Application for Security for Costs
Outcome
Appeal stayed unless and until security for costs provided.
Legal Topics
Security for Costs, Prerogative Relief, Appeals, Prohibition Orders
Civil Procedure Security for Costs Prerogative Relief Appeals Prohibition Orders

Case Brief

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Parties

Eliezer Azriel

Appellant

SFHIR

Respondent

Procedural Posture

Appeal / Application for Security for Costs

Legal Issues

  1. 1 Whether security for costs should be ordered against an impecunious appellant who has failed in previous proceedings and appeals.
  2. 2 Whether the circumstances justify exercise of the Court's discretion to order security for costs under RSC Pt51 R11.

Ratio Decidendi

The combination of the appellant's impecuniosity, respondent's inability to enforce the judgment, the small amount of the judgment relative to potential costs, and the appellant's prior failures constitute special circumstances warranting an order for security for costs.

Court Disposition

Appeal stayed unless and until security for costs provided.

Orders

  • Appeal stayed unless appellant provides security for respondent's appeal costs in amount of $2500 to satisfaction of respondent or Registrar, by 4 pm on 25 October 1993.
  • Appellant to pay costs of this motion.