Freeman v National Australia Bank Limited [2005] FCA 1013

Freeman v National Australia Bank Limited [2005] FCA 1013

Leave to appeal was refused because there was no error shown in the exercise of discretion by the trial judge ordering security for costs; the considerations raised regarding fresh evidence were not relevant to the application for leave.

Jurisdiction
Australia
Judgment Date
07 July 2005
Procedural Posture
Leave to Appeal / Application for Leave to Appeal From Interlocutory Order
Outcome
Application for leave to appeal refused with costs.
Legal Topics
['security for Costs' 'leave to Appeal' 'admissibility of Affidavit Evidence']
['practice and Procedure'] ['security for Costs' 'leave to Appeal' 'admissibility of Affidavit Evidence']

Case Brief

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Procedural Posture

Leave to Appeal / Application for Leave to Appeal From Interlocutory Order

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from an interlocutory order for security for costs' 'Whether a fresh affidavit should be admitted into evidence in the application for leave']

Ratio Decidendi

Leave to appeal was refused because there was no error shown in the exercise of discretion by the trial judge ordering security for costs; the considerations raised regarding fresh evidence were not relevant to the application for leave.

Court Disposition

Application for leave to appeal refused with costs.

Orders

  • ['The application for leave to appeal is refused.' 'The applicant is to pay the costs of the respondent of the application.']