Holgye v Dyluc Pty Limited [2013] NSWCA 391

Holgye v Dyluc Pty Limited [2013] NSWCA 391

Security for costs was appropriate because the appellant had no funds, its only asset was an indemnity from a trust shown by the evidence to be of very little value, little information had been provided about the appellant's capacity or intentions, and the third respondent's estimated appeal costs supported security of $37,000 calculated by reference to likely party/party recovery.

Jurisdiction
Australia
Judgment Date
11 November 2013
Procedural Posture
Interlocutory Application / Appeal; Motion for Security for Costs
Outcome
Motion for security for costs granted; appeal stayed until security is provided and liable to dismissal if security is not provided.
Legal Topics
['security for Costs' 'costs of Appeal' 'stay of Proceedings' 'dismissal for Failure to Provide Security']
['civil Procedure' 'costs'] ['security for Costs' 'costs of Appeal' 'stay of Proceedings' 'dismissal for Failure to Provide Security']

Case Brief

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Procedural Posture

Interlocutory Application / Appeal; Motion for Security for Costs

Legal Issues

  1. 1 ["Whether the appellant should provide security for the third respondent's costs of the appeal." 'Whether the appeal should be stayed pending provision of security and dismissed if security is not provided.']

Ratio Decidendi

Security for costs was appropriate because the appellant had no funds, its only asset was an indemnity from a trust shown by the evidence to be of very little value, little information had been provided about the appellant's capacity or intentions, and the third respondent's estimated appeal costs supported security of $37,000 calculated by reference to likely party/party recovery.

Court Disposition

Motion for security for costs granted; appeal stayed until security is provided and liable to dismissal if security is not provided.

Orders

  • ["The appellant is to provide security for the third respondent's costs of the Appeal by paying into Court the sum of $37,000 no later than 26 November 2013." 'The proceedings be stayed until such time as such security is provided.' 'The proceedings be listed on 27 November 2013 for consequential orders or, in the...