Ida Wolff bht Steven Binetter v Binetter [2021] NSWSC 1624

Ida Wolff bht Steven Binetter v Binetter [2021] NSWSC 1624

Given uncertainty about the defendant's assets and the risk of prejudice to the plaintiff if all security is released, and weighing the defendant's prima facie entitlement to costs, a partial release ($90,000 of $145,000) is appropriate.

Jurisdiction
Australia
Judgment Date
10 December 2021
Procedural Posture
Consequential Orders Following Substantive Dismissal and Costs Orders / Application to Vary Stay and Release Security for Costs, Post Judgment Appeal Pending
Outcome
Varied prior order to allow partial release of security for costs ($90,000). No order as to costs of this application.
Legal Topics
['security for Costs' 'stay of Order Pending Appeal' 'release of Security' 'prejudice Assessment']
['practice and Procedure'] ['security for Costs' 'stay of Order Pending Appeal' 'release of Security' 'prejudice Assessment']

Case Brief

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Procedural Posture

Consequential Orders Following Substantive Dismissal and Costs Orders / Application to Vary Stay and Release Security for Costs, Post Judgment Appeal Pending

Legal Issues

  1. 1 ['Whether to extend stay of release of security for costs pending appeal' 'Whether a partial release of security is appropriate' 'Assessment of prejudice between parties']

Ratio Decidendi

Given uncertainty about the defendant's assets and the risk of prejudice to the plaintiff if all security is released, and weighing the defendant's prima facie entitlement to costs, a partial release ($90,000 of $145,000) is appropriate.

Court Disposition

Varied prior order to allow partial release of security for costs ($90,000). No order as to costs of this application.

Orders

  • ['Order 3 made on 10 November 2021, stayed until 3 December 2021, be varied so that $90,000 of the $145,000 of the security be released on account of costs.' 'No order for costs of the application.']