PRATT v ASHTON [2012] NSWCA 313

PRATT v ASHTON [2012] NSWCA 313

The respondent failed to establish special circumstances because the material did not satisfy the Court that the appellant was impecunious or unable to pay the respondent's appeal costs if unsuccessful, and the appeal was not shown to be unarguable or hopeless; non-payment of unassessed trial costs and delay in filing submissions did not alter that conclusion.

Jurisdiction
Australia
Judgment Date
28 September 2012
Procedural Posture
Interlocutory Application for Security for Costs / Respondent's Motion for Security for Costs of an Appeal in the Court of Appeal
Outcome
The respondent's motion for security for costs is dismissed.
Legal Topics
['security for Costs' 'special Circumstances' 'impecuniosity' 'prospects of Success on Appeal']
['civil Procedure' 'costs'] ['security for Costs' 'special Circumstances' 'impecuniosity' 'prospects of Success on Appeal']

Case Brief

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Procedural Posture

Interlocutory Application for Security for Costs / Respondent's Motion for Security for Costs of an Appeal in the Court of Appeal

Legal Issues

  1. 1 ["Whether special circumstances existed to justify an order that the appellant provide security for the respondent's costs of the appeal." "Whether the appellant's impecuniosity or inability to meet an adverse costs order was established." 'Whether the appeal lacked reasonable prospects of success or was hopeless in the relevant sense.' 'Whether non-payment of trial costs and delay in filing written submissions constituted special circumstances.']

Ratio Decidendi

The respondent failed to establish special circumstances because the material did not satisfy the Court that the appellant was impecunious or unable to pay the respondent's appeal costs if unsuccessful, and the appeal was not shown to be unarguable or hopeless; non-payment of unassessed trial costs and delay in filing submissions did not alter that conclusion.

Court Disposition

The respondent's motion for security for costs is dismissed.

Orders

  • ["The respondent's motion for security for costs is dismissed." "The respondent is to pay the appellant's costs of the motion."]