Tomanovic Multiown Pty Ltd v Interlux Projects Pty Ltd [2022] NSWCA 38

Tomanovic Multiown Pty Ltd v Interlux Projects Pty Ltd [2022] NSWCA 38

Credible evidence exists giving reason to doubt the appellant corporation's ability and willingness to pay the respondents' costs if the appeal fails, justifying the exercise of discretion to order security for costs of $31,500, and ordering a stay until that security is provided would not stifle the appeal.

Jurisdiction
Australia
Judgment Date
16 March 2022
Procedural Posture
Appeal / Interlocutory Application for Security for Costs
Outcome
Order for stay of proceedings pending provision of security for costs; order as to costs of the motion.
Legal Topics
['appeal' 'security for Costs' 'stay of Proceedings' 'corporate Appellant']
['civil Procedure'] ['appeal' 'security for Costs' 'stay of Proceedings' 'corporate Appellant']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 ['Whether the appellant should be ordered to provide security for costs under s 1335 of the Corporations Act 2001 (Cth)' 'Whether proceedings should be stayed until security is provided' 'Criteria relevant to exercise of discretion to order security for costs against a corporate appellant']

Ratio Decidendi

Credible evidence exists giving reason to doubt the appellant corporation's ability and willingness to pay the respondents' costs if the appeal fails, justifying the exercise of discretion to order security for costs of $31,500, and ordering a stay until that security is provided would not stifle the appeal.

Court Disposition

Order for stay of proceedings pending provision of security for costs; order as to costs of the motion.

Orders

  • ['Order that the proceedings on the appeal be stayed until the appellant provides security for the legal costs of the first, second and third respondents in an amount of $31,500, such security to be in the form of a bank guarantee to be lodged with the Registrar, or payment into court by way of security for the...