Powell, Larry v Glow Zone Products Pty Ltd [1997] FCA 446

Powell, Larry v Glow Zone Products Pty Ltd [1997] FCA 446

Given the existence of beneficiaries and creditors who stand to gain from the appeal without bearing risk, and evidence of special circumstances including the appellant's impecuniosity and funding arrangement, fairness requires ordering security for costs against the appellant.

Parties
Appellant: Larry Powell; Respondent: Glow Zone Products Pty Ltd
Jurisdiction
Australia
Judgment Date
02 May 1997
Procedural Posture
Appeal / Application for Security for Costs Prior to Hearing
Outcome
Appellant ordered to provide security for costs; costs of notice of motion to be costs of appeal; notice of motion stood over for final disposition.
Legal Topics
Security for Costs, Appeals, Impecuniosity, Discretion in Ordering Security
Civil Procedure Security for Costs Appeals Impecuniosity Discretion in Ordering Security

Case Brief

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Parties

Larry Powell

Appellant

Glow Zone Products Pty Ltd

Respondent

Procedural Posture

Appeal / Application for Security for Costs Prior to Hearing

Legal Issues

  1. 1 Whether security for costs should be ordered against an impecunious appellant
  2. 2 Whether delay in requesting security disentitles the respondent
  3. 3 Applicability of special circumstances for security in appeals

Ratio Decidendi

Given the existence of beneficiaries and creditors who stand to gain from the appeal without bearing risk, and evidence of special circumstances including the appellant's impecuniosity and funding arrangement, fairness requires ordering security for costs against the appellant.

Court Disposition

Appellant ordered to provide security for costs; costs of notice of motion to be costs of appeal; notice of motion stood over for final disposition.

Orders

  • Appellant to provide security in the sum of $25,000 in a manner satisfactory to the registrar on or before 9 May 1997.
  • Costs of this notice of motion to be the respondent’s costs of the appeal.