US Manufacturing Company v ABB Service [2007] NSWSC 777

US Manufacturing Company v ABB Service [2007] NSWSC 777

The circumstances, though borderline, were not sufficiently ‘special’ within the meaning of Rule 50.8 to warrant security for costs, as impecuniosity and an arguable (though weak) case do not satisfy the threshold without more unusual or exceptional features.

Jurisdiction
Australia
Judgment Date
18 July 2007
Procedural Posture
Notice of Motion (security for Costs) in Appeal Proceedings / Interlocutory Motion Decision on Security for Costs Pending Appeal
Outcome
Defendant's notice of motion dismissed; defendant to pay plaintiff’s costs.
Legal Topics
['security for Costs' 'appeal Procedure']
['civil Procedure'] ['security for Costs' 'appeal Procedure']

Case Brief

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Procedural Posture

Notice of Motion (security for Costs) in Appeal Proceedings / Interlocutory Motion Decision on Security for Costs Pending Appeal

Legal Issues

  1. 1 ['Whether special circumstances exist under Rule 50.8 of the Uniform Civil Procedure Rules 2005 (NSW) to justify an order for security for costs in appeal proceedings.']

Ratio Decidendi

The circumstances, though borderline, were not sufficiently ‘special’ within the meaning of Rule 50.8 to warrant security for costs, as impecuniosity and an arguable (though weak) case do not satisfy the threshold without more unusual or exceptional features.

Court Disposition

Defendant's notice of motion dismissed; defendant to pay plaintiff’s costs.

Orders

  • ["The defendant's notice of motion filed 20 December 2006 is dismissed." "The defendant is to pay the plaintiff's costs as agreed or assessed."]