Ciappina, Valeria v Ciappina, Angelo [1983] FCA 93

Ciappina, Valeria v Ciappina, Angelo [1983] FCA 93

Impecuniosity of the appellant and the likelihood that the appellant cannot pay respondent’s costs if the appeal fails constitute circumstances justifying an order for security for costs. In the absence of special factors suggesting otherwise, and having considered the nature of the appeal grounds and submissions, security in the sum of $2,000.00 is just.

Parties
Appellant: Valerta Ciappina; Respondent: Angelo Ciappina
Jurisdiction
Australia
Judgment Date
24 May 1983
Procedural Posture
Appeal / Application for Security for Costs Pending Appeal
Outcome
Application for security for costs granted.
Legal Topics
Security for Costs on Appeal, Impecunious Appellant, Quantum of Security
Practice and Procedure Costs Security for Costs on Appeal Impecunious Appellant Quantum of Security

Case Brief

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Parties

Valerta Ciappina

Appellant

Angelo Ciappina

Respondent

Procedural Posture

Appeal / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether an order should be made that the impecunious appellant provide security for the respondent’s costs of appeal and, if so, in what amount

Ratio Decidendi

Impecuniosity of the appellant and the likelihood that the appellant cannot pay respondent’s costs if the appeal fails constitute circumstances justifying an order for security for costs. In the absence of special factors suggesting otherwise, and having considered the nature of the appeal grounds and submissions, security in the sum of $2,000.00 is just.

Court Disposition

Application for security for costs granted.

Orders

  • Appellant to give security to the satisfaction of the Registrar within 28 days in the sum of $2,000.00, failing which the appeal is to stand dismissed.
  • The costs of this application are to be the respondent's costs in the appeal.