MARIE JOSAINE BOUTON v MARIE MARLENE NOYEAUX [1993] NSWCA 32

MARIE JOSAINE BOUTON v MARIE MARLENE NOYEAUX [1993] NSWCA 32

The balance of justice is in favour of rejecting the application for security, as ordering security would effectively stultify any right of appeal for the opponent.

Parties
Applicant: Marie Josaine Bouton; Opponent: Marie Marlene Noyeaux
Jurisdiction
Australia
Judgment Date
08 November 1993
Procedural Posture
Application for Security / Interlocutory
Outcome
application refused

Case Brief

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Parties

Marie Josaine Bouton

Applicant

Marie Marlene Noyeaux

Opponent

Procedural Posture

Application for Security / Interlocutory

Legal Issues

  1. 1 Whether security for costs should be ordered in light of the opponent's financial position and procedural circumstances.

Ratio Decidendi

The balance of justice is in favour of rejecting the application for security, as ordering security would effectively stultify any right of appeal for the opponent.

Court Disposition

application refused

Orders

  • Application for security refused.
  • Each party bears its own costs.