Craven v Ready Flowers Pty Ltd [2014] FCA 693

Craven v Ready Flowers Pty Ltd [2014] FCA 693

Given the appellant's limited prospects of success on appeal, his impecuniosity, the significant risk the respondent will not recover costs without security, and the respondent's prompt application, it is appropriate to order security for costs despite the possibility it may stifle the appeal.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 June 2014
Procedural Posture
Appeal / Application for Security for Costs of Appeal
Outcome
Application for security for costs granted.
Legal Topics
['security for Costs' 'bankruptcy Notice Extension Applications' 'impecuniosity and Prospects of Success' 'prospects of Appeal']
['practice and Procedure'] ['security for Costs' 'bankruptcy Notice Extension Applications' 'impecuniosity and Prospects of Success' 'prospects of Appeal']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Application for Security for Costs of Appeal

Legal Issues

  1. 1 ['Whether an order for security for costs of the appeal should be made against the impecunious appellant' "Whether the appellant's prospects of success in the appeal are sufficient to refuse an order for security" 'Whether making the order for security would stifle the appeal']

Ratio Decidendi

Given the appellant's limited prospects of success on appeal, his impecuniosity, the significant risk the respondent will not recover costs without security, and the respondent's prompt application, it is appropriate to order security for costs despite the possibility it may stifle the appeal.

Court Disposition

Application for security for costs granted.

Orders

  • ["The appellant provide security for the respondent's costs of the appeal in an amount of $10,000 in a form acceptable to the Registrar of the Court on or before 16 July 2014." "If the appellant does not provide such security for the respondent's costs on or before 16 July 2014, the appeal stands dismissed." 'The...