Ninan v Valuer-General of Western Australia (No 2) [2013] FCA 1180

Ninan v Valuer-General of Western Australia (No 2) [2013] FCA 1180

The applications were dismissed because, even disregarding the short delay and the failure to explain it, the applicants did not identify any error in the primary judge's discretionary orders for security for costs. The primary judge was entitled to take the practical course of ordering security where the applicants were non-residents, the pleadings were patently deficient, and the proceedings appeared in large part to revive earlier litigation.

Jurisdiction
Australia
Judgment Date
13 November 2013
Procedural Posture
Application for Extension of Time and Leave to Appeal / Determined on the Papers
Outcome
Applications for extension of time and leave to appeal dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'security for Costs' 'summary Dismissal' 'abuse of Process' 'racial Discrimination Act 1975 (cth)']
['practice and Procedure'] ['extension of Time' 'leave to Appeal' 'security for Costs' 'summary Dismissal' 'abuse of Process' 'racial Discrimination Act 1975 (cth)']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Determined on the Papers

Legal Issues

  1. 1 ["Whether the applicants should be granted an extension of time to seek leave to appeal from the primary judge's orders for security for costs in five related proceedings." "Whether the applicants identified error in the primary judge's exercise of discretion in a matter of practice and procedure." "Whether the applicants' non-residence in Australia and the patent deficiencies in their pleadings were proper considerations in ordering security for costs." 'Whether ordering security for costs against non-resident natural persons contravened s 10(1) of the Racial Discrimination Act 1975 (Cth).' 'Whether the 2013 proceedings substantially sought to relitigate matters dealt with in the 2012 proceedings.']

Ratio Decidendi

The applications were dismissed because, even disregarding the short delay and the failure to explain it, the applicants did not identify any error in the primary judge's discretionary orders for security for costs. The primary judge was entitled to take the practical course of ordering security where the applicants were non-residents, the pleadings were patently deficient, and the proceedings appeared in large part to revive earlier litigation.

Court Disposition

Applications for extension of time and leave to appeal dismissed with costs.

Orders

  • ['The application for an extension of time and leave to appeal filed 4 September 2013 be dismissed.' 'The applicants pay the costs of the application.']