Momentum Productions Pty Ltd v Lewarne [2008] FCA 547

Momentum Productions Pty Ltd v Lewarne [2008] FCA 547

The appellants are impecunious, some grounds of appeal are reasonably arguable but not decisive, and there is no suggestion that the respondent contributed to the impecuniosity. It is appropriate to require security for costs in the sum of $10,000 and stay the appeal until security is provided.

Jurisdiction
Australia
Judgment Date
23 April 2008
Procedural Posture
Appeal / Interlocutory Application for Security for Costs and Leave to Amend Notice of Appeal
Outcome
Security for costs ordered; leave to amend notice of appeal granted; appeal stayed pending security; costs orders made
Legal Topics
['security for Costs' 'amendment of Notice of Appeal' 'finding of Partnership' 'trade Practices Act Damages' 'breach of Fiduciary Duty']
['appeals' 'partnerships' 'misleading or Deceptive Conduct'] ['security for Costs' 'amendment of Notice of Appeal' 'finding of Partnership' 'trade Practices Act Damages' 'breach of Fiduciary Duty']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application for Security for Costs and Leave to Amend Notice of Appeal

Legal Issues

  1. 1 ['Whether security for costs should be ordered against impecunious appellants' 'Whether leave should be granted to amend the notice of appeal' 'Whether the grounds of appeal are reasonably arguable']

Ratio Decidendi

The appellants are impecunious, some grounds of appeal are reasonably arguable but not decisive, and there is no suggestion that the respondent contributed to the impecuniosity. It is appropriate to require security for costs in the sum of $10,000 and stay the appeal until security is provided.

Court Disposition

Security for costs ordered; leave to amend notice of appeal granted; appeal stayed pending security; costs orders made

Orders

  • ['Appellants have leave to file further amended notice of appeal in the form attached to submissions of 18 March 2008' "Appellants pay respondent's costs thrown away by amendment" "Appellants provide security for respondent's costs in the sum of $10,000 by payment into court or satisfactory form" 'Appeal stayed...