Neat v AWB Limited [2001] FCA 496

Neat v AWB Limited [2001] FCA 496

The delay by the respondents in bringing the application for security for costs, after the hearing date for the appeal was fixed, weighed too heavily against the grant of the application in the discretion of the court.

Jurisdiction
Australia
Judgment Date
27 April 2001
Procedural Posture
Application for Security for Costs in Appeal / Interlocutory Application—security for Costs in Relation to Appeal
Outcome
Application dismissed; no order as to costs of the application for security.
Legal Topics
['security for Costs' 'appeals' 'delay in Applications' 'discretionary Power']
['civil Procedure'] ['security for Costs' 'appeals' 'delay in Applications' 'discretionary Power']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for Security for Costs in Appeal / Interlocutory Application—security for Costs in Relation to Appeal

Legal Issues

  1. 1 ['Whether application for security for costs of appeal should be granted in light of delay in making the application' 'Whether the financial position of the applicant justifies security for costs']

Ratio Decidendi

The delay by the respondents in bringing the application for security for costs, after the hearing date for the appeal was fixed, weighed too heavily against the grant of the application in the discretion of the court.

Court Disposition

Application dismissed; no order as to costs of the application for security.

Orders

  • ["Application for Order for Security of Respondents' costs in relation to the Applicant's appeal to the Full Federal Court be dismissed." 'There be no order as to costs of the Application for Security.']