Summer Hill Business Centre v Equititrust Limited [2011] NSWCA 8

Summer Hill Business Centre v Equititrust Limited [2011] NSWCA 8

Special circumstances exist justifying security for costs, but $50,000 is an appropriate sum for security given the appellant group’s asset position and available guarantees.

Jurisdiction
Australia
Judgment Date
07 February 2011
Procedural Posture
Appeal / Interlocutory Decision on Stay and Security for Costs Motions
Outcome
Both motions stood over for making of final orders in chambers; stay extended conditionally; security for costs to be $50,000; specific costs orders made.
Legal Topics
['security for Costs' 'stay of Proceedings' 'costs']
['civil Procedure'] ['security for Costs' 'stay of Proceedings' 'costs']

Case Brief

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Procedural Posture

Appeal / Interlocutory Decision on Stay and Security for Costs Motions

Legal Issues

  1. 1 ['whether stay orders should be continued pending appeal' 'whether security for costs should be ordered and its quantum' 'allocation of costs for the motions']

Ratio Decidendi

Special circumstances exist justifying security for costs, but $50,000 is an appropriate sum for security given the appellant group’s asset position and available guarantees.

Court Disposition

Both motions stood over for making of final orders in chambers; stay extended conditionally; security for costs to be $50,000; specific costs orders made.

Orders

  • ['Both motions stood over for making of final orders in chambers.' 'The parties to bring agreed form of stay order reflecting conditions for guarantee.' 'Appellants to pay $50,000 as security for costs within 7 days or appeal stayed.' "On the motion for stay, respondent's costs of that motion be its costs in the...