Nyoni v Shire of Kellerberrin (No 9) [2016] FCA 472

Nyoni v Shire of Kellerberrin (No 9) [2016] FCA 472

Given the likely stultifying effect of a security order on Mr Nyoni's appeal due to his impecuniosity, and that much of his financial situation arises from the matters in the appeal, it is not in the interests of justice to order security for costs, even if aspects of his conduct are vexatious.

Jurisdiction
Australia
Judgment Date
05 May 2016
Procedural Posture
Appeal / Interlocutory Application for Security for Costs
Outcome
Applications for security for costs dismissed
Legal Topics
['security for Costs' 'appeal Procedure' 'access to Justice' 'impecuniosity of Appellant']
['civil Procedure'] ['security for Costs' 'appeal Procedure' 'access to Justice' 'impecuniosity of Appellant']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 ['Whether security for costs should be ordered against an impecunious appellant on appeal' "Whether the order for security would stultify the appellant's appeal" "Whether appellant's impecuniosity arises from conduct that is the subject of the appeal"]

Ratio Decidendi

Given the likely stultifying effect of a security order on Mr Nyoni's appeal due to his impecuniosity, and that much of his financial situation arises from the matters in the appeal, it is not in the interests of justice to order security for costs, even if aspects of his conduct are vexatious.

Court Disposition

Applications for security for costs dismissed

Orders

  • ["The first respondent's application for security for costs is dismissed." "The second to fourth respondents' application for security for costs is dismissed." 'There will be no order as to costs.']