Kessly v Hasapaki [2015] NSWCA 292

Kessly v Hasapaki [2015] NSWCA 292

The appellant should be permitted to amend her Notice of Appeal as the proposed amendments adequately identify issues of law, particularly the alleged denial of procedural fairness during the contempt hearing. The application for security for costs does not disclose special circumstances as contemplated by r 51.50 of the UCPR; the circumstances relied on by the respondent are factual matters relevant to the appeal but not sufficient to warrant a security order. The costs orders consequential upon the contempt finding should be stayed pending determination of the appeal.

Jurisdiction
Australia
Judgment Date
05 June 2015
Procedural Posture
Appeal / Interlocutory Application in Course of Appeal
Outcome
Interlocutory orders made in course of appeal: leave to amend notice of appeal granted; stay of certain costs orders; security for costs application dismissed; no order as to costs of motions.
Legal Topics
['stay of Orders' 'amendment of Notice of Appeal' 'security for Costs']
['civil Procedure'] ['stay of Orders' 'amendment of Notice of Appeal' 'security for Costs']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application in Course of Appeal

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to amend her Notice of Appeal' 'Whether the costs orders of the Land and Environment Court should be stayed pending appeal' "Whether the respondent's application for security for costs should be granted"]

Ratio Decidendi

The appellant should be permitted to amend her Notice of Appeal as the proposed amendments adequately identify issues of law, particularly the alleged denial of procedural fairness during the contempt hearing. The application for security for costs does not disclose special circumstances as contemplated by r 51.50 of the UCPR; the circumstances relied on by the respondent are factual matters relevant to the appeal but not sufficient to warrant a security order. The costs orders consequential upon the contempt finding should be stayed pending determination of the appeal.

Court Disposition

Interlocutory orders made in course of appeal: leave to amend notice of appeal granted; stay of certain costs orders; security for costs application dismissed; no order as to costs of motions.

Orders

  • ['Grant the appellant leave to amend her Notice of Appeal by filing the proposed Amended Notice of Appeal.' "Order that orders (7) to (9) of the Land and Environment Court's orders entered on 15 May 2015 be stayed pending determination of the present appeal." "Dismiss the respondent's Notice of Motion filed on 19...