Fisk v Anderson [1915] HCA 7

Fisk v Anderson [1915] HCA 7

The application to reduce or dispense with security for costs was res judicata due to the previous decision by Powers J. As security had not been provided within the required time, the appeal had not been instituted and the Court had no jurisdiction to grant leave to appeal in forma pauperis or to otherwise provide relief.

Parties
Applicant: Robert Wilson Fisk; Respondent: Thomas Anderson; Respondent: Herbert Dawson Smith; Respondent: James Lennox; Respondent: William Jardine; Respondent: Registrar of Titles
Jurisdiction
Australia
Judgment Date
22 February 1915
Procedural Posture
Reference on Application / Summons Seeking Leave to Appeal in Forma Pauperis and to Reduce or Dispense With Security, Following Refusal of Earlier Application
Outcome
Summons dismissed with costs.
Legal Topics
Appeals, Security for Costs, In Forma Pauperis, Res Judicata, Jurisdiction
Practice and Procedure Appeals Security for Costs In Forma Pauperis Res Judicata Jurisdiction

Case Brief

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Parties

Robert Wilson Fisk

Applicant

Thomas Anderson

Respondent

Herbert Dawson Smith

Respondent

James Lennox

Respondent

William Jardine

Respondent

Registrar of Titles

Respondent

Procedural Posture

Reference on Application / Summons Seeking Leave to Appeal in Forma Pauperis and to Reduce or Dispense With Security, Following Refusal of Earlier Application

Legal Issues

  1. 1 Whether the High Court can reduce or dispense with security for costs when a similar application has already been refused
  2. 2 Whether the High Court has jurisdiction to allow an appeal in forma pauperis when the appeal has not been duly instituted

Ratio Decidendi

The application to reduce or dispense with security for costs was res judicata due to the previous decision by Powers J. As security had not been provided within the required time, the appeal had not been instituted and the Court had no jurisdiction to grant leave to appeal in forma pauperis or to otherwise provide relief.

Court Disposition

Summons dismissed with costs.

Orders

  • Summons dismissed with costs.