Ling, Noel v Enrobook Pty Ltd [1997] FCA 109

Ling, Noel v Enrobook Pty Ltd [1997] FCA 109

Given the proximity of the appeal hearing and the lack of evidence that an order for security would prevent the appellant from prosecuting the appeal, the balance of justice does not favour making an order for security for costs.

Jurisdiction
Australia
Judgment Date
13 February 1997
Procedural Posture
Appeal / Interlocutory Application for Security for Costs
Outcome
application dismissed
Legal Topics
['security for Costs' 'appeal' 'discretion of Court' 'bankruptcy']
['civil Procedure'] ['security for Costs' 'appeal' 'discretion of Court' 'bankruptcy']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 ['Whether the appellant should be ordered to provide security for costs of the appeal']

Ratio Decidendi

Given the proximity of the appeal hearing and the lack of evidence that an order for security would prevent the appellant from prosecuting the appeal, the balance of justice does not favour making an order for security for costs.

Court Disposition

application dismissed

Orders

  • ['No order for security for costs is made.']