HANCOCK v RIZUTTI [1988] NSWCA 61

HANCOCK v RIZUTTI [1988] NSWCA 61

The appeal is not incompetent, as the claim exceeds the $5,000 threshold. Certain grounds of appeal (grounds 9, 12, 14, 19, 21, and 22) are struck out for disclosing no reasonable ground. The appellant is ordered to lodge security for costs in the sum of $4,000 by a specified date, with liberty for the parties to apply regarding the security order. The costs of the motions are to be respondent’s costs in the appeal.

Parties
Respondent: Hancock; Appellant: Rizutti
Jurisdiction
Australia
Judgment Date
11 July 1988
Procedural Posture
Appeal / Interlocutory Motion
Outcome
Interlocutory orders made on motions; appeal not struck out; certain grounds of appeal struck out; security for costs ordered; costs of motions respondent's costs in the appeal.
Legal Topics
Security for Costs, Pleading, Summary Judgment
Civil Procedure Professional Negligence Security for Costs Pleading Summary Judgment

Case Brief

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Parties

Hancock

Respondent

Rizutti

Appellant

Procedural Posture

Appeal / Interlocutory Motion

Legal Issues

  1. 1 Whether the appeal is incompetent for not exceeding the required monetary threshold.
  2. 2 Whether certain grounds of appeal should be struck out as disclosing no ground of appeal.
  3. 3 Whether the appeal is frivolous or vexatious and warrants summary judgment or striking out.

Ratio Decidendi

The appeal is not incompetent, as the claim exceeds the $5,000 threshold. Certain grounds of appeal (grounds 9, 12, 14, 19, 21, and 22) are struck out for disclosing no reasonable ground. The appellant is ordered to lodge security for costs in the sum of $4,000 by a specified date, with liberty for the parties to apply regarding the security order. The costs of the motions are to be respondent’s costs in the appeal.

Court Disposition

Interlocutory orders made on motions; appeal not struck out; certain grounds of appeal struck out; security for costs ordered; costs of motions respondent's costs in the appeal.

Orders

  • Appeal not found incompetent for not exceeding monetary threshold.
  • Grounds 9, 12, 14, 19, 21, and 22 of supplementary notice of appeal struck out.