Joseph Hedrlin v The Proprietiors Strata Plan No 3870 [1982] FCA 168

Security for costs should not be ordered where it is not alleged or established that the appellant is unable to pay costs; mere unwillingness is insufficient.

Parties: Appellant: Joseph Hedrlin; Respondent: The Proprietors Strata Plan No. 3670
Jurisdiction: Australia
Judgment Date: 04 August 1982
Procedural Posture: Appeal / Interlocutory Application for Security for Costs
Outcome: Application for security for costs dismissed.
Legal Topics: Appeal, Security for Costs

Practice and Procedure Appeal Security for Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Joseph Hedrlin

Appellant

The Proprietors Strata Plan No. 3670

Respondent

Procedural Posture

Appeal / Interlocutory Application for Security for Costs

Legal Issues

1 Whether security for costs should be ordered on appeal where the appellant is able but allegedly unwilling to pay any costs awarded

Ratio Decidendi

Security for costs should not be ordered where it is not alleged or established that the appellant is unable to pay costs; mere unwillingness is insufficient.

Court Disposition

Application for security for costs dismissed.

Orders

Motion for security for costs is dismissed.