WALL v WALL [1994] NSWCA 336

WALL v WALL [1994] NSWCA 336

Special circumstances exist, justifying an order for security for costs because both parties are pensioners without significant assets, and an unsuccessful appeal would increase the charge over the respondent's home; thus, security in the amount of $5,000 must be provided by the appellant by 16 May 1994, with a stay pending security.

Parties
Appellant: John Andrew Wall; Respondent: Mrs Wall
Jurisdiction
Australia
Judgment Date
14 February 1994
Procedural Posture
Civil / Interlocutory (motions Prior to Appeal Hearing)
Outcome
Appellant ordered to provide $5,000 security for costs by 16 May 1994, with a stay pending; prayers for summary dismissal and striking out adjourned to the appeal hearing; application for expedition dismissed; motion for hearing in Lismore dismissed; no order as to costs on venue motion, costs of notice of motion to...
Legal Topics
Security for Costs, Motions Practice, De Facto Relationships, Venue of Hearing
Family Law Civil Procedure Security for Costs Motions Practice De Facto Relationships Venue of Hearing

Case Brief

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Parties

John Andrew Wall

Appellant

Mrs Wall

Respondent

Procedural Posture

Civil / Interlocutory (motions Prior to Appeal Hearing)

Legal Issues

  1. 1 Whether security for costs should be ordered against the appellant
  2. 2 Whether the appeal should be summarily dismissed
  3. 3 Whether the supplementary notice of appeal should be struck out

Ratio Decidendi

Special circumstances exist, justifying an order for security for costs because both parties are pensioners without significant assets, and an unsuccessful appeal would increase the charge over the respondent's home; thus, security in the amount of $5,000 must be provided by the appellant by 16 May 1994, with a stay pending security.

Court Disposition

Appellant ordered to provide $5,000 security for costs by 16 May 1994, with a stay pending; prayers for summary dismissal and striking out adjourned to the appeal hearing; application for expedition dismissed; motion for hearing in Lismore dismissed; no order as to costs on venue motion, costs of notice of motion to...

Orders

  • Appellant to provide security for costs of $5,000 to the satisfaction of the Registrar by 16 May 1994.
  • Stay of proceedings in the appeal pending provision of security.