GRUZMAN PTY LTD v BATEMAN (trading as THE BATEMAN PHOTOGRAPHIC GROUP) [1995] NSWCA 186

Further appeal proceedings are stayed until security for costs is provided; costs of the motion incurred since the consent order are ordered to the defendant, no order for earlier costs.

Parties: Appellant/plaintiff: GRUZMAN PTY LIMITED; Defendant/respondent: Bateman (T/as The Bateman Photographic Group)
Jurisdiction: Australia
Judgment Date: 20 November 1995
Procedural Posture: Appeal / Interlocutory (application for Security for Costs and Related Orders)
Outcome: Appeal proceedings stayed until further order; costs of motion since 4 September 1995 to defendant; no order as to earlier costs.
Legal Topics: Security for Costs, Appeal Procedure, Costs Orders

Civil Procedure Security for Costs Appeal Procedure Costs Orders

Case Brief

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Parties

GRUZMAN PTY LIMITED

Appellant/plaintiff

Bateman (T/as The Bateman Photographic Group)

Defendant/respondent

Procedural Posture

Appeal / Interlocutory (application for Security for Costs and Related Orders)

Legal Issues

1 Whether further proceedings in the appeal should be stayed until appellant provides security for costs
2 Which party should pay costs of the motion for security

Ratio Decidendi

Further appeal proceedings are stayed until security for costs is provided; costs of the motion incurred since the consent order are ordered to the defendant, no order for earlier costs.

Court Disposition

Appeal proceedings stayed until further order; costs of motion since 4 September 1995 to defendant; no order as to earlier costs.

Orders

Stay of further proceedings in appeal until further order
Defendant to have costs of the motion incurred since 4 September 1995