Stone v Farrow Mortgage Services [1999] NSWCA 114

Stone v Farrow Mortgage Services [1999] NSWCA 114

The motion for security for costs was dismissed because special circumstances justifying such an order were not established. The appeal was found to have arguable grounds and was not hopeless; impecuniosity alone was insufficient, and the amount sought was relatively small compared to the risk of preventing a bona fide appeal from proceeding.

Jurisdiction
Australia
Judgment Date
16 April 1999
Procedural Posture
Appeal / Motion for Security for Costs
Outcome
motion dismissed
Legal Topics
['security for Costs' 'appeal']
['civil Procedure'] ['security for Costs' 'appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Motion for Security for Costs

Legal Issues

  1. 1 ['Whether special circumstances exist to justify ordering security for costs against the appellant in the appeal']

Ratio Decidendi

The motion for security for costs was dismissed because special circumstances justifying such an order were not established. The appeal was found to have arguable grounds and was not hopeless; impecuniosity alone was insufficient, and the amount sought was relatively small compared to the risk of preventing a bona fide appeal from proceeding.

Court Disposition

motion dismissed

Orders

  • ['motion for security for costs dismissed' "costs of the motion to be appellant's costs in the appeal"]