MONAHAN V. MONAHAN

MONAHAN V. MONAHAN

No security for costs is required for an appeal to the High Court from the Supreme Court of the Australian Capital Territory unless ordered by the High Court; in this instance, an order is made for the appellant to pay £1 security.

Source-derived case information.

Parties
Appellant: Monahan (Wife); Respondent: Monahan (Husband)
Jurisdiction
Australia
Judgment Date
06 December 1948
Procedural Posture
Appeal / Summons for Directions in Appeal
Outcome
Order that appellant pay security for costs of £1 within 7 days; otherwise, upon such payment, appeal deemed duly instituted.
Legal Topics
Dissolution of Marriage, Security for Costs, Appeals From Supreme Court of the Australian Capital Territory
Family Law Civil Procedure Dissolution of Marriage Security for Costs Appeals From Supreme Court of the Australian Capital Territory

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Parties

Monahan (Wife)

Appellant

Monahan (Husband)

Respondent

Procedural Posture

Appeal / Summons for Directions in Appeal

Legal Issues

  1. 1 Is security for costs required for an appeal from the Supreme Court of the Australian Capital Territory to the High Court under the relevant Acts and Rules?

Ratio Decidendi

No security for costs is required for an appeal to the High Court from the Supreme Court of the Australian Capital Territory unless ordered by the High Court; in this instance, an order is made for the appellant to pay £1 security.

Court Disposition

Order that appellant pay security for costs of £1 within 7 days; otherwise, upon such payment, appeal deemed duly instituted.

Orders

  • Appellant to pay £1 into the Supreme Court of the Australian Capital Territory within 7 days from the date of this order.
  • Upon payment, the appeal is deemed to be duly instituted.