GULABRAI v HAMER-MATHEW [No2] [1995] NSWCA 188

GULABRAI v HAMER-MATHEW [No2] [1995] NSWCA 188

Special circumstances for security for costs were established, given substantial indebtedness and unclear financial status of the claimant; a stay of execution and security for costs were ordered on condition that $120,000 be deposited.

Parties
Claimant: Lux Gulabrai; Opponent: Hamer-Mathew
Jurisdiction
Australia
Judgment Date
08 May 1995
Procedural Posture
Application for Stay and Security for Costs in Pending Appeal / Interlocutory Motion Before Appeal
Outcome
Security for costs ordered; stay of execution granted on condition of deposit
Legal Topics
Stay of Execution, Security for Costs
Practice and Procedure Stay of Execution Security for Costs

Case Brief

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Parties

Lux Gulabrai

Claimant

Hamer-Mathew

Opponent

Procedural Posture

Application for Stay and Security for Costs in Pending Appeal / Interlocutory Motion Before Appeal

Legal Issues

  1. 1 whether 'special circumstances' exist for security for costs under Pt51 r11(1) SCR
  2. 2 whether a stay of execution of the judgment should be granted

Ratio Decidendi

Special circumstances for security for costs were established, given substantial indebtedness and unclear financial status of the claimant; a stay of execution and security for costs were ordered on condition that $120,000 be deposited.

Court Disposition

Security for costs ordered; stay of execution granted on condition of deposit

Orders

  • Direct that the motions and summons be heard by the Court constituted to hear the appeal by Lux Gulabrai in matter 40056/95.
  • Order that the orders of Brownie J of 22 August 1994, 6 September 1994 and Master McLaughlin of 7 April 1995 be stayed upon condition of $120,000 deposit.