RIZZUTI v HANCOCK [1989] NSWCA 177

RIZZUTI v HANCOCK [1989] NSWCA 177

The Court ordered that unless security for costs in the amount and timeframe previously indicated was provided, the appeal would be dismissed with costs, given ongoing delay and failure to comply with previous orders for security.

Parties
Appellant: Rizzuti; Respondent: Hancock
Jurisdiction
Australia
Judgment Date
09 October 1989
Procedural Posture
Appeal / Interlocutory Application Regarding Security for Costs
Outcome
Conditional order for provision of security for costs; appeal to be dismissed with costs if not complied with.

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

Rizzuti

Appellant

Hancock

Respondent

Procedural Posture

Appeal / Interlocutory Application Regarding Security for Costs

Legal Issues

  1. 1 Whether security for costs should be provided for the appeal and consequences of non-provision

Ratio Decidendi

The Court ordered that unless security for costs in the amount and timeframe previously indicated was provided, the appeal would be dismissed with costs, given ongoing delay and failure to comply with previous orders for security.

Court Disposition

Conditional order for provision of security for costs; appeal to be dismissed with costs if not complied with.

Orders

  • Security for costs of $4000 to be provided on or before 11 December 1989.
  • If security is not provided, the appeal is to be dismissed with costs including costs of this motion.