Maas, Nicholas Christopher v Maas, Jill Elizabeth & Anor [1998] FCA 918

Maas, Nicholas Christopher v Maas, Jill Elizabeth & Anor [1998] FCA 918

Given the appellant's financial circumstances, the reasonable estimate of respondent's appeal costs, the success at first instance for the respondent, the non-destruction of the prospect of appeal by payment of security, and the nature of the grounds of appeal being primarily factual, it is appropriate in the discretion of the Court to order security for costs in the amount of $6,000, failing which the appeal is to be dismissed.

Jurisdiction
Australia
Judgment Date
09 June 1998
Procedural Posture
Appeal / Application for Security for Costs Pending Appeal
Outcome
Order for security for costs; appeal to be dismissed unless security provided; costs awarded to first respondent for application.
Legal Topics
['security for Costs' 'appeals' 'discretionary Orders']
['bankruptcy' 'civil Procedure'] ['security for Costs' 'appeals' 'discretionary Orders']

Case Brief

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Procedural Posture

Appeal / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 ['Whether the Court should order security for costs against appellant in appeal proceedings' 'What is the appropriate amount and form of security for costs' 'Whether the case falls within an exception to the general rule regarding security for costs on appeal']

Ratio Decidendi

Given the appellant's financial circumstances, the reasonable estimate of respondent's appeal costs, the success at first instance for the respondent, the non-destruction of the prospect of appeal by payment of security, and the nature of the grounds of appeal being primarily factual, it is appropriate in the discretion of the Court to order security for costs in the amount of $6,000, failing which the appeal is to be dismissed.

Court Disposition

Order for security for costs; appeal to be dismissed unless security provided; costs awarded to first respondent for application.

Orders

  • ['The appeal be dismissed unless, on or before 30 June 1998, the appellant provides security for the costs of the appeal of the first respondent in the sum of $6,000, such security to be in cash or in a bank guarantee satisfactory to the Registrar, or in such other form as may, in the opinion of the Registrar, be...