Mothership Music Pty Ltd v Flo Rida (aka Tramar Dillard) [2012] NSWCA 344

Mothership Music Pty Ltd v Flo Rida (aka Tramar Dillard) [2012] NSWCA 344

The judgment entered in the District Court was final and conclusive, despite being liable to be set aside in certain circumstances, and thus leave to appeal was not required. As the respondent resides outside Australia and does not have demonstrated assets in the jurisdiction or evidence they could be readily...

Source-derived case information.

Parties
Applicant: Mothership Music Pty Ltd; Respondent: Flo Rida (aka Tramar Dillard)
Jurisdiction
Australia
Judgment Date
25 October 2012
Procedural Posture
Interlocutory Application in Appeal / Application for Security for Costs and Procedural Orders in Appeal
Outcome
Orders for security for costs granted; proceedings stayed pending security; application otherwise dismissed; no order as to costs of motion.
Legal Topics
Appeals, Security for Costs, Final/interlocutory Judgment, Breach of Contract
Civil Procedure Appeals Security for Costs Final/interlocutory Judgment Breach of Contract

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Parties

Mothership Music Pty Ltd

Applicant

Flo Rida (aka Tramar Dillard)

Respondent

Procedural Posture

Interlocutory Application in Appeal / Application for Security for Costs and Procedural Orders in Appeal

Legal Issues

  1. 1 Whether respondent requires leave to appeal from default judgment
  2. 2 Whether judgment is interlocutory or final
  3. 3 Whether security for costs should be ordered against appellant resident outside Australia

Ratio Decidendi

The judgment entered in the District Court was final and conclusive, despite being liable to be set aside in certain circumstances, and thus leave to appeal was not required. As the respondent resides outside Australia and does not have demonstrated assets in the jurisdiction or evidence they could be readily enforced against in Florida, it is just to order security for costs of $21,000 for the appeal.

Court Disposition

Orders for security for costs granted; proceedings stayed pending security; application otherwise dismissed; no order as to costs of motion.

Orders

  • The respondent (Flo Rida) provide security for the applicant's (Mothership's) costs of the appeal in the sum of $21,000 within 28 days.
  • That security be provided by paying that sum into Court or by such other means as the parties agree or, in default of such agreement, as the Court may order, any such order to be sought by application to the Registrar on notice to the respondent.