Levy v Bablis [2011] NSWCA 411

Levy v Bablis [2011] NSWCA 411

Special circumstances justifying security for costs were present due to the appellant's impecuniosity, unpaid costs, non-compliance with directions, and weak prospects of appeal. However, security was to be ordered in tranches, with the first amount payable before further prosecution of the appeal, and the summary dismissal application adjourned until subpoenas for fresh evidence were resolved. The appellant failed to show the appeal would be stultified by the order.

Parties
Appellant: Julian Emanuel Levy; Respondent: Peter Bablis
Jurisdiction
Australia
Judgment Date
12 December 2011
Procedural Posture
Appeal / Interlocutory Application (security for Costs and Summary Dismissal)
Outcome
Security for costs ordered in two tranches, appeal stayed pending payment; summary dismissal application adjourned; costs of application for security ordered against appellant.
Legal Topics
Security for Costs, Summary Dismissal, Fresh Evidence on Appeal, Impecunious Litigant
Civil Procedure Security for Costs Summary Dismissal Fresh Evidence on Appeal Impecunious Litigant

Case Brief

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Parties

Julian Emanuel Levy

Appellant

Peter Bablis

Respondent

Procedural Posture

Appeal / Interlocutory Application (security for Costs and Summary Dismissal)

Legal Issues

  1. 1 Whether the appellant should be ordered to provide security for the respondent's costs of the appeal
  2. 2 Whether the appeal should be dismissed summarily prior to resolution of subpoenas for fresh evidence

Ratio Decidendi

Special circumstances justifying security for costs were present due to the appellant's impecuniosity, unpaid costs, non-compliance with directions, and weak prospects of appeal. However, security was to be ordered in tranches, with the first amount payable before further prosecution of the appeal, and the summary dismissal application adjourned until subpoenas for fresh evidence were resolved. The appellant failed to show the appeal would be stultified by the order.

Court Disposition

Security for costs ordered in two tranches, appeal stayed pending payment; summary dismissal application adjourned; costs of application for security ordered against appellant.

Orders

  • Appellant to provide security for costs in the sum of $125,000 in the manner specified.
  • $30,000 to be paid into court in the first instance.