Braams & 2 Ors v Hunters Beach Investments Pty Limited [2002] NSWCA 166

Braams & 2 Ors v Hunters Beach Investments Pty Limited [2002] NSWCA 166

The applicants failed to provide evidence of prejudice from delay, specifically that additional costs were incurred and that such costs would have been avoided but for the delay. The circumstances and additional costs justified the increased security ordered by the registrar.

Jurisdiction
Australia
Judgment Date
29 May 2002
Procedural Posture
Application for Review / Court of Appeal Review of Registrar's Orders
Outcome
Application for review dismissed with costs
Legal Topics
['security for Costs' "review of Registrar's Orders" 'onus of Proof' 'prejudice by Delay']
['civil Procedure'] ['security for Costs' "review of Registrar's Orders" 'onus of Proof' 'prejudice by Delay']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Review / Court of Appeal Review of Registrar's Orders

Legal Issues

  1. 1 ['Whether the security for costs should be increased' 'Whether the applicants were prejudiced by delay in the respondent applying for additional security' 'Whether the registrar erred in assessing the quantum of security']

Ratio Decidendi

The applicants failed to provide evidence of prejudice from delay, specifically that additional costs were incurred and that such costs would have been avoided but for the delay. The circumstances and additional costs justified the increased security ordered by the registrar.

Court Disposition

Application for review dismissed with costs

Orders

  • ['The application for review is dismissed with costs' 'The security of $25,000 is to be paid by the applicants by 12 noon on 11 June 2002' 'The respondent has leave to raise the issue of costs thrown away before Handley JA on 12 June 2002' 'The respondent has leave to file its application for further security for...