KABALAN v ELIAS BROS PTY LTD [1994] NSWCA 160

KABALAN v ELIAS BROS PTY LTD [1994] NSWCA 160

Special circumstances justifying security for costs are not established on the evidence before the court; ordering security would in effect prevent the appeal where there is some arguable ground for appeal. Hence, application for security is dismissed.

Parties
Appellant: Kabalan; Respondent: Elias Bros Pty Ltd
Jurisdiction
Australia
Judgment Date
07 February 1994
Procedural Posture
Application for Security for Costs / Application in Court of Appeal Pending Full Appeal
Outcome
Application for security for costs dismissed with costs.
Legal Topics
Security for Costs, Special Circumstances Under Pt51 R11, Appeals Process
Civil Procedure Security for Costs Special Circumstances Under Pt51 R11 Appeals Process

Case Brief

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Parties

Kabalan

Appellant

Elias Bros Pty Ltd

Respondent

Procedural Posture

Application for Security for Costs / Application in Court of Appeal Pending Full Appeal

Legal Issues

  1. 1 Whether special circumstances exist to justify making an order for security for costs on appeal under Pt51 r11.
  2. 2 Whether the effect of an order for security would unjustly prevent an appeal from proceeding.

Ratio Decidendi

Special circumstances justifying security for costs are not established on the evidence before the court; ordering security would in effect prevent the appeal where there is some arguable ground for appeal. Hence, application for security is dismissed.

Court Disposition

Application for security for costs dismissed with costs.

Orders

  • Application for security for costs is dismissed.
  • Applicant to pay costs of application.