Charara v Integrex Pty Ltd [2010] NSWCA 342

Charara v Integrex Pty Ltd [2010] NSWCA 342

The Court has inherent jurisdiction to order security for costs on applications for leave to appeal in exceptional cases, and exercising its discretion in light of the small amount of the debt, the limited evidence of financial position, and the likely brief duration of the leave hearing, it is appropriate to order security in the lesser sum of $1,000.

Jurisdiction
Australia
Judgment Date
07 December 2010
Procedural Posture
Application for Security for Costs in Leave to Appeal / Motion Determined, Pre Leave Hearing
Outcome
Security for costs ordered; proceedings stayed pending payment; costs order made.
Legal Topics
['security for Costs' 'leave to Appeal' 'court of Appeal Inherent Jurisdiction']
['civil Procedure'] ['security for Costs' 'leave to Appeal' 'court of Appeal Inherent Jurisdiction']

Case Brief

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Procedural Posture

Application for Security for Costs in Leave to Appeal / Motion Determined, Pre Leave Hearing

Legal Issues

  1. 1 ['Whether the Court has jurisdiction to order security for costs on an application for leave to appeal' 'Factors relevant to exercise of inherent jurisdiction for security for costs' 'Quantum of security for costs appropriate in the circumstances']

Ratio Decidendi

The Court has inherent jurisdiction to order security for costs on applications for leave to appeal in exceptional cases, and exercising its discretion in light of the small amount of the debt, the limited evidence of financial position, and the likely brief duration of the leave hearing, it is appropriate to order security in the lesser sum of $1,000.

Court Disposition

Security for costs ordered; proceedings stayed pending payment; costs order made.

Orders

  • ["Mr Charara provide security for Integrex's costs in the sum of $1,000, paid into court within 14 days." 'Until security is provided, proceedings be stayed.' "Mr Charara to pay Integrex's costs of and incidental to the motion, except in respect of 6 December 2010."]