Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2006] FCAFC 186

Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2006] FCAFC 186

The Court held that, having regard to all circumstances—including prolonged delay, absence of explanation for not extending the stay, the existence of significant unsecured costs for respondents and the weak appeal grounds—there were not 'special circumstances' justifying setting aside or varying the prior orders, and the finality of dismissal should be maintained.

Jurisdiction
Australia
Judgment Date
13 December 2006
Procedural Posture
Appeal / Application to Vary or Set Aside Orders of Full Court in Appeal Following Dismissal for Non Provision of Security for Costs
Outcome
Application dismissed
Legal Topics
['security for Costs' 'appeal Procedure' 'varying or Setting Aside Orders' 'special Circumstances for Variation']
['civil Procedure'] ['security for Costs' 'appeal Procedure' 'varying or Setting Aside Orders' 'special Circumstances for Variation']

Case Brief

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Procedural Posture

Appeal / Application to Vary or Set Aside Orders of Full Court in Appeal Following Dismissal for Non Provision of Security for Costs

Legal Issues

  1. 1 ["Whether 'special circumstances' exist to justify varying or setting aside the orders for security for costs and dismissal of the appeal" 'Whether the delay and change in financial circumstances warrant reinstatement of the appeal']

Ratio Decidendi

The Court held that, having regard to all circumstances—including prolonged delay, absence of explanation for not extending the stay, the existence of significant unsecured costs for respondents and the weak appeal grounds—there were not 'special circumstances' justifying setting aside or varying the prior orders, and the finality of dismissal should be maintained.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' 'The applicant pay the costs of the first respondent, and the costs of the second and third respondents, of and incidental to the motion, to be taxed if not agreed.']