HARWIN and ANOR v WOOD [NO 1] [1993] NSWCA 132

HARWIN and ANOR v WOOD [NO 1] [1993] NSWCA 132

Special grounds for security of costs were established by the demonstrated risk of non-payment, dissipation of assets, and absence of contest or explanation from the appellant. The refusal of the earlier Mareva injunction did not address the same issue or prevent an order for security for costs on appeal.

Parties
Claimant: Derek Harwin; Claimant: Irene Harwin; Opponent/appellant: Desre Clair Woods
Jurisdiction
Australia
Judgment Date
11 October 1993
Procedural Posture
Appeal / Application for Security of Costs Prior to Hearing
Outcome
Security for costs ordered; hearing expedited; costs of motion for security awarded to claimants.
Legal Topics
Security for Costs, Mareva Injunction, Dissipation of Assets, Expedition of Hearing
Practice and Procedure Security for Costs Mareva Injunction Dissipation of Assets Expedition of Hearing

Case Brief

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Parties

Derek Harwin

Claimant

Irene Harwin

Claimant

Desre Clair Woods

Opponent/appellant

Procedural Posture

Appeal / Application for Security of Costs Prior to Hearing

Legal Issues

  1. 1 Whether special grounds exist to order security for costs of the appeal against the appellant due to alleged dissipation and limited assets
  2. 2 Whether previous refusal of Mareva injunction precludes an order for security for costs

Ratio Decidendi

Special grounds for security of costs were established by the demonstrated risk of non-payment, dissipation of assets, and absence of contest or explanation from the appellant. The refusal of the earlier Mareva injunction did not address the same issue or prevent an order for security for costs on appeal.

Court Disposition

Security for costs ordered; hearing expedited; costs of motion for security awarded to claimants.

Orders

  • Expedite the hearing of the appeal in category A so that it is heard within approximately one month, date fixed by Registrar with notice to parties.
  • Order that the opponent, Desre Clair Woods, pay as security for costs of the appeal the sum of $5,750 to the Registrar or, by agreement, into a jointly administered trust account, to abide the outcome of the appeal.