Ninan v St George Bank Ltd [2013] FCA 818

Ninan v St George Bank Ltd [2013] FCA 818

Leave to appeal must be refused as applicants failed to establish error, material change in circumstances, or substantial injustice regarding dismissal due to non-compliance with security for costs orders; proper principles applied and discretion properly exercised.

Parties
Applicant: George Ninan; Applicant: Molly George; First Respondent: St George Bank Ltd ABN 92 055 513 070; Second Respondent: Valuer General; Third Respondent: Godini Land Development Pty Ltd ACN 100 701 148 and Richard Ah Boey Tay; Fourth Respondent: Deborah Andrews; Fifth Respondent: Colin Dymond; Sixth Respondent: Wannunup Development Nominees Pty Ltd ACN 008 853 807 and Port Bouvard Ltd; Seventh Respondent: Simon Wroth; Eighth Respondent: Greg Penn; Ninth Respondent: National Australia Bank Limited ABN 12 004 044 937; Tenth Respondent: Westpac Banking Corporation ABN 33 007 457 141
Jurisdiction
Australia
Judgment Date
15 August 2013
Procedural Posture
Application for Leave to Appeal / Interlocutory Judgment
Outcome
Leave to appeal refused with costs.
Legal Topics
Leave to Appeal, Security for Costs, Dismissal for Non Compliance, Variation of Interlocutory Orders
Practice and Procedure Leave to Appeal Security for Costs Dismissal for Non Compliance Variation of Interlocutory Orders

Case Brief

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Parties

George Ninan

Applicant

Molly George

Applicant

St George Bank Ltd ABN 92 055 513 070

First Respondent

Valuer General

Second Respondent

Godini Land Development Pty Ltd ACN 100 701 148 and Richard Ah Boey Tay

Third Respondent

Deborah Andrews

Fourth Respondent

Colin Dymond

Fifth Respondent

Wannunup Development Nominees Pty Ltd ACN 008 853 807 and Port Bouvard Ltd

Sixth Respondent

Simon Wroth

Seventh Respondent

Greg Penn

Eighth Respondent

National Australia Bank Limited ABN 12 004 044 937

Ninth Respondent

Westpac Banking Corporation ABN 33 007 457 141

Tenth Respondent

Procedural Posture

Application for Leave to Appeal / Interlocutory Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted from interlocutory judgment dismissing application to vary security for costs orders and dismissing proceeding for failure to comply
  2. 2 Whether there were errors in refusing to vary security for costs
  3. 3 Whether dismissal of proceedings for non-compliance was warranted

Ratio Decidendi

Leave to appeal must be refused as applicants failed to establish error, material change in circumstances, or substantial injustice regarding dismissal due to non-compliance with security for costs orders; proper principles applied and discretion properly exercised.

Court Disposition

Leave to appeal refused with costs.

Orders

  • The applicants' application for leave to appeal filed 11 April 2013 be refused.
  • The applicants pay the second, fourth, fifth, sixth, seventh, eighth, ninth and tenth respondents' costs of the application, as agreed or taxed.