Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2004] FCA 1334

Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2004] FCA 1334

Security for costs should be ordered where an impecunious appellant appeals principally on a wide range of factual challenges, risking unrecoverable substantial costs for respondents. The appeal does not raise significant points of law or public interest to weigh against security, and there is little prospect the respondents will recover costs from the appellant if successful. The amount ordered is conservative with future liberty to apply to vary.

Jurisdiction
Australia
Judgment Date
15 October 2004
Procedural Posture
Appeal / Interlocutory (security for Costs Motion)
Outcome
Security for costs ordered; appeal stayed until security provided or further order
Legal Topics
['security for Costs' 'appeals' 'impecuniosity' 'product Liability' 'medical Negligence']
['civil Procedure'] ['security for Costs' 'appeals' 'impecuniosity' 'product Liability' 'medical Negligence']

Case Brief

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Procedural Posture

Appeal / Interlocutory (security for Costs Motion)

Legal Issues

  1. 1 ['Whether security for costs should be ordered against an impecunious, self-represented appellant in an appeal raising wide-ranging factual challenges' "Assessment of the relevant discretion and balancing of parties' interests" 'Whether ordering security would stifle the appeal']

Ratio Decidendi

Security for costs should be ordered where an impecunious appellant appeals principally on a wide range of factual challenges, risking unrecoverable substantial costs for respondents. The appeal does not raise significant points of law or public interest to weigh against security, and there is little prospect the respondents will recover costs from the appellant if successful. The amount ordered is conservative with future liberty to apply to vary.

Court Disposition

Security for costs ordered; appeal stayed until security provided or further order

Orders

  • ["Appellant to provide security for first respondent's costs of the appeal in the amount of $75,000 and for the second and third respondents in the further amount of $75,000 by way of bank guarantees on the specified terms" 'Appeal stayed until such security is provided or further order' "Respondents have liberty to...