AZRIEL v SFHIR [1997] NSWCA 34

AZRIEL v SFHIR [1997] NSWCA 34

There was no error in the Registrar's exercise of discretion; the application for delay was properly rejected, and the ordinary rule that payment out of security follows determination of the appeal applies.

Parties
Applicant: Mr Azriel; Respondent: Mr Sfhir
Jurisdiction
Australia
Judgment Date
25 September 1997
Procedural Posture
Appeal / Application for Payment Out of Security for Costs; Appeal From Registrar's Order
Outcome
application dismissed with costs
Legal Topics
Security for Costs, Discretion in Costs Orders
Civil Procedure Security for Costs Discretion in Costs Orders

Case Brief

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Parties

Mr Azriel

Applicant

Mr Sfhir

Respondent

Procedural Posture

Appeal / Application for Payment Out of Security for Costs; Appeal From Registrar's Order

Legal Issues

  1. 1 Whether Registrar's discretion in ordering payment out of security for costs should be disturbed
  2. 2 Whether pending High Court special leave application should delay payment

Ratio Decidendi

There was no error in the Registrar's exercise of discretion; the application for delay was properly rejected, and the ordinary rule that payment out of security follows determination of the appeal applies.

Court Disposition

application dismissed with costs

Orders

  • The application is dismissed with costs.
  • Orders of the Registrar are not disturbed.