Kowalski v Domestic Violence Crisis Service [2003] FCA 1267

Kowalski v Domestic Violence Crisis Service [2003] FCA 1267

The appellant was not granted leave to issue subpoenas because the evidence sought was either already available or adduced at trial, and no satisfactory explanation for not adducing it below was provided. Security for costs was appropriate due to the low prospects of success and risk of non-payment. The existing costs order was stayed pending provision of security, but if security was not provided, the respondent could enforce the costs order.

Jurisdiction
Australia
Judgment Date
07 November 2003
Procedural Posture
Appeal / Interlocutory Orders Before Hearing of Appeal
Outcome
Interlocutory orders made: application for leave to issue subpoenas refused; conditional stay of costs order; order for security for costs; costs of applications to respondent.
Legal Topics
['security for Costs' 'costs Orders' 'admission of Further Evidence' 'leave to Issue Subpoenas']
['discrimination Law' 'civil Procedure'] ['security for Costs' 'costs Orders' 'admission of Further Evidence' 'leave to Issue Subpoenas']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Interlocutory Orders Before Hearing of Appeal

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to issue subpoenas for further evidence on appeal' 'Whether the respondent is entitled to security for costs in the appeal' 'Whether the existing costs order should be stayed pending the outcome of the appeal']

Ratio Decidendi

The appellant was not granted leave to issue subpoenas because the evidence sought was either already available or adduced at trial, and no satisfactory explanation for not adducing it below was provided. Security for costs was appropriate due to the low prospects of success and risk of non-payment. The existing costs order was stayed pending provision of security, but if security was not provided, the respondent could enforce the costs order.

Court Disposition

Interlocutory orders made: application for leave to issue subpoenas refused; conditional stay of costs order; order for security for costs; costs of applications to respondent.

Orders

  • ['Unless the appellant provides security for the costs of the respondent in the appeal in an amount of $5,000 by 8 December 2003, the appeal is stayed until further order.' 'Subject to provision of security, the costs order made in the Federal Magistrates Court on 20 June 2003 is stayed pending the outcome of the...