PSELLETES v BECA DEVELOPMENTS PTY LTD (IN LIQUIDATION) and ANOR [1998] NSWCA 175

PSELLETES v BECA DEVELOPMENTS PTY LTD (IN LIQUIDATION) and ANOR [1998] NSWCA 175

Where strong prima facie merit is shown for the appeal, the usual requirement for security for costs by a director-appellant may be displaced and the application for security refused.

Parties
Appellant: Pselletes; Respondent: Beca Developments Pty Ltd (in liquidation)
Jurisdiction
Australia
Judgment Date
02 March 1998
Procedural Posture
Motion / Application for Security for Costs Pending Appeal
Outcome
Motion dismissed; security for costs not ordered
Legal Topics
Security for Costs, Appeals
Civil Procedure Security for Costs Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Pselletes

Appellant

Beca Developments Pty Ltd (in liquidation)

Respondent

Procedural Posture

Motion / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether the appellant should be ordered to provide security for costs on appeal

Ratio Decidendi

Where strong prima facie merit is shown for the appeal, the usual requirement for security for costs by a director-appellant may be displaced and the application for security refused.

Court Disposition

Motion dismissed; security for costs not ordered

Orders

  • Motion dismissed
  • Costs of the motion to be costs in the appeal