LAKIC v PAPPAS [1989] NSWCA 129

LAKIC v PAPPAS [1989] NSWCA 129

Sufficient steps have been taken to serve Mr Pappas at his known addresses, and in all the circumstances, it is appropriate to confirm service; given failure to furnish security for costs, the appeal should be dismissed.

Parties
Plaintiff: Mr Lakic; Appellant: Mr Pappas
Jurisdiction
Australia
Judgment Date
28 August 1989
Procedural Posture
Appeal / Application to Strike Out
Outcome
appeal dismissed with costs
Legal Topics
Appeal, Service of Process, Security for Costs
Civil Procedure Appeal Service of Process Security for Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Lakic

Plaintiff

Mr Pappas

Appellant

Procedural Posture

Appeal / Application to Strike Out

Legal Issues

  1. 1 Whether proper service of the motion to strike out the appeal has been effected on Mr Pappas
  2. 2 Whether the appeal should be struck out for failure to furnish security for costs

Ratio Decidendi

Sufficient steps have been taken to serve Mr Pappas at his known addresses, and in all the circumstances, it is appropriate to confirm service; given failure to furnish security for costs, the appeal should be dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs