Christofidellis, Stelios & Anor v Zdrilic, Ned & Visinga & Ors [1997] FCA 668

Christofidellis, Stelios & Anor v Zdrilic, Ned & Visinga & Ors [1997] FCA 668

Security for costs should not be ordered against impecunious natural persons absent special circumstances; no evidence placed by applicants justifying departure from established practice; proximity of trial and nature of applicants as individuals weigh against granting security for costs.

Jurisdiction
Australia
Judgment Date
28 July 1997
Procedural Posture
Application for Security for Costs / Post Motion Hearing, Reasons for Decision
Outcome
Application for security for costs dismissed.
Legal Topics
['security for Costs' 'impecuniosity' 'discretion of Court']
['civil Procedure'] ['security for Costs' 'impecuniosity' 'discretion of Court']

Case Brief

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Procedural Posture

Application for Security for Costs / Post Motion Hearing, Reasons for Decision

Legal Issues

  1. 1 ['Should the applicants, natural persons, be ordered to provide security for costs?' 'Does limited financial means or potential asset rearrangement justify ordering security for costs?']

Ratio Decidendi

Security for costs should not be ordered against impecunious natural persons absent special circumstances; no evidence placed by applicants justifying departure from established practice; proximity of trial and nature of applicants as individuals weigh against granting security for costs.

Court Disposition

Application for security for costs dismissed.

Orders

  • ["Fourth respondents' application for applicants to provide security for costs dismissed." "Fourth respondents to pay applicants' costs of notice of motion of 19 June 1997 (50% of costs of hearing on 27 June 1997 allocated)." "Second and third respondents' application for security for costs dismissed." "Second and...