Joseph Hedrlin v Proprietors of Strata Plan 367 [1983] FCA 200

Joseph Hedrlin v Proprietors of Strata Plan 367 [1983] FCA 200

Security for costs will not be ordered where it is not shown that the appellant will be unable to meet any order for costs; mere unwillingness to pay is insufficient.

Parties
Appellant: Joseph Hedrlin; Respondent: Proprietors of Strata Plan 367
Jurisdiction
Australia
Judgment Date
04 August 1983
Procedural Posture
Application for Security for Costs / Interlocutory Motion in Appeal
Outcome
motion dismissed
Legal Topics
Security for Costs, Bankruptcy Notice, Costs Enforcement
Bankruptcy Law Civil Procedure Security for Costs Bankruptcy Notice Costs Enforcement

Case Brief

Summary, issues, holding and outcome

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Parties

Joseph Hedrlin

Appellant

Proprietors of Strata Plan 367

Respondent

Procedural Posture

Application for Security for Costs / Interlocutory Motion in Appeal

Legal Issues

  1. 1 Whether the appellant should be ordered to give security for the costs of the appeal

Ratio Decidendi

Security for costs will not be ordered where it is not shown that the appellant will be unable to meet any order for costs; mere unwillingness to pay is insufficient.

Court Disposition

motion dismissed

Orders

  • The motion that the appellant give security for costs is dismissed.