McCardle v Lyons (2019) FCA 1554

McCardle v Lyons (2019) FCA 1554

The application for security for costs should be dismissed because the proposed grounds of appeal (notably the eighth ground) are arguable on their merits, there remain factual matters that may warrant appellate examination, and the applicant has not yet received a full hearing on her claim; the discretionary considerations do not support a security order in these circumstances.

Parties
Applicant: Roxanne Marie McCardle; First Respondent: Nicholas Lyons; Second Respondent: Ian Vinson; Third Respondent: Saines Lucas Solicitors
Jurisdiction
Australia
Judgment Date
20 September 2019
Procedural Posture
Application for Leave to Appeal / Interlocutory Judgment on Application for Security for Costs
Outcome
The respondents' application for security for costs is dismissed.
Legal Topics
Security for Costs, Leave to Appeal, Disability Discrimination, Procedural Fairness
Practice and Procedure Human Rights Law Employment Law Security for Costs Leave to Appeal Disability Discrimination Procedural Fairness

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Parties

Roxanne Marie McCardle

Applicant

Nicholas Lyons

First Respondent

Ian Vinson

Second Respondent

Saines Lucas Solicitors

Third Respondent

Procedural Posture

Application for Leave to Appeal / Interlocutory Judgment on Application for Security for Costs

Legal Issues

  1. 1 Whether the applicant should be ordered to provide security for costs in the application for leave to appeal
  2. 2 Whether the proposed grounds of appeal have sufficient merit
  3. 3 Whether the applicant was afforded procedural fairness in prior proceedings

Ratio Decidendi

The application for security for costs should be dismissed because the proposed grounds of appeal (notably the eighth ground) are arguable on their merits, there remain factual matters that may warrant appellate examination, and the applicant has not yet received a full hearing on her claim; the discretionary considerations do not support a security order in these circumstances.

Court Disposition

The respondents' application for security for costs is dismissed.

Orders

  • The respondents' interlocutory application filed 29 May 2019 for security for costs is dismissed.
  • The applicant's application for leave to appeal the orders of the Federal Circuit Court made 8 March 2019 be fixed for hearing on Wednesday 11 December 2019 at 10:15am on the basis that the matter shall be fully argued, as if on appeal, so that if leave to appeal is given, the appeal may be determined concurrently.