STOREY v JOHNS [1997] NSWCA 298

STOREY v JOHNS [1997] NSWCA 298

There was no proper basis for the exercise of discretion to order the defendant to provide security for costs; there was no application or jurisdictional basis for a Mareva injunction; the orders must be set aside.

Parties
Plaintiff: Storey; Defendant: Johns
Jurisdiction
Australia
Judgment Date
08 December 1997
Procedural Posture
Appeal / Application for Leave to Appeal Against Interlocutory Orders
Outcome
Appeal allowed; interlocutory orders set aside.
Legal Topics
Security for Costs, Mareva Injunction, Interlocutory Orders
Civil Procedure Security for Costs Mareva Injunction Interlocutory Orders

Case Brief

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Parties

Storey

Plaintiff

Johns

Defendant

Procedural Posture

Appeal / Application for Leave to Appeal Against Interlocutory Orders

Legal Issues

  1. 1 Whether it was appropriate to order a defendant to provide security for costs
  2. 2 Whether the District Court had jurisdiction to grant a Mareva injunction in the circumstances
  3. 3 Whether orders made without a proper application or correct procedural basis should stand

Ratio Decidendi

There was no proper basis for the exercise of discretion to order the defendant to provide security for costs; there was no application or jurisdictional basis for a Mareva injunction; the orders must be set aside.

Court Disposition

Appeal allowed; interlocutory orders set aside.

Orders

  • Leave to appeal granted.
  • Orders (1), (2), and (7) made by Twigg DCJ on 23 October 1997 set aside.