Master Education Services Pty Ltd and Ors v Ferfolia (No 2) [2009] NSWIRComm 82
In the absence of evidence regarding appellants' financial position, and their failure to comply with previous orders for stay or offer security, exceptional circumstances exist to justify ordering security for costs against both corporate and natural person appellants. The overall interests of justice favour granting the respondent's application.
- Jurisdiction
- Australia
- Judgment Date
- 02 June 2009
- Procedural Posture
- Appeal / Application for Security for Costs
- Outcome
- Application for security for costs granted
- Legal Topics
- ['security for Costs' 'unfair Contract' 'appeal Procedure' 'costs']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Application for Security for Costs
Legal Issues
- 1 ['Whether security for costs should be ordered against appellants including natural persons' 'Whether delay or lack of evidence affects the discretion to award security' 'Principles for granting security for costs in appeals']
Ratio Decidendi
In the absence of evidence regarding appellants' financial position, and their failure to comply with previous orders for stay or offer security, exceptional circumstances exist to justify ordering security for costs against both corporate and natural person appellants. The overall interests of justice favour granting the respondent's application.
Court Disposition
Application for security for costs granted
Orders
- ["Within 14 days, appellants to provide security for respondent's costs by either paying into Court $39,303 or providing a bank guarantee for the same amount" 'Costs reserved']
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