Nati v Bunt (No 2) [2013] FCA 325

Nati v Bunt (No 2) [2013] FCA 325

Because the appellants are impecunious but admit that security will not stultify the appeal, and because there is a risk that any adverse costs order on appeal will go unsatisfied, an order of $20,000 security for costs is appropriate. There was no relevant or prejudicial delay by the respondent in bringing the application. The appeal’s prospects are not hopeless or strong and are treated as neutral.

Jurisdiction
Australia
Judgment Date
11 April 2013
Procedural Posture
Appeal / Interlocutory Application for Security for Costs on Appeal
Outcome
Order for security for costs granted; application for security for costs successful.
Legal Topics
['security for Costs' 'impecuniosity' 'appeals' 'delay in Application' 'stifling of Proceedings']
['civil Procedure'] ['security for Costs' 'impecuniosity' 'appeals' 'delay in Application' 'stifling of Proceedings']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application for Security for Costs on Appeal

Legal Issues

  1. 1 ['Whether the respondent is entitled to an order for security for costs on appeal' 'Whether appellants’ impecuniosity precludes security for costs order where appeal is not stifled' 'Whether delay in bringing the application disentitles respondent']

Ratio Decidendi

Because the appellants are impecunious but admit that security will not stultify the appeal, and because there is a risk that any adverse costs order on appeal will go unsatisfied, an order of $20,000 security for costs is appropriate. There was no relevant or prejudicial delay by the respondent in bringing the application. The appeal’s prospects are not hopeless or strong and are treated as neutral.

Court Disposition

Order for security for costs granted; application for security for costs successful.

Orders

  • ['Appellants to pay $20,000 for security for costs by bank guarantee or cash deposit within seven days.' 'If not satisfied, the appeal is stayed until further order.' 'Appellants to pay costs of the present application.']