VERATAU v WIMBORNE [1994] NSWCA 333

VERATAU v WIMBORNE [1994] NSWCA 333

In light of the appellant's financial situation and the circumstances of the case, special circumstances exist for an order of security for costs; however, the amount is reduced to $3,500 to reflect costs actually incurred post-motion. Adequate time is allowed for compliance to avoid prejudicing the appellant's right to appeal.

Parties
Appellant: Veratau; Respondent: Wimborne
Jurisdiction
Australia
Judgment Date
16 May 1994
Procedural Posture
Appeal / Interlocutory Application for Security for Costs
Outcome
Order for security for costs granted; appellant to provide $3,500 by 18 November 1994, failing which respondent may move to dismiss the appeal. Costs of the motion and the stay application are costs in the appeal.
Legal Topics
Security for Costs, Presumption of Advancement, Trusts
Equity Civil Procedure Security for Costs Presumption of Advancement Trusts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Veratau

Appellant

Wimborne

Respondent

Procedural Posture

Appeal / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether special circumstances exist to justify an order for security for costs against the appellant
  2. 2 Whether the appellant's right to prosecute the appeal would be unreasonably hindered by an order for security
  3. 3 Whether the trial judge's findings on the presumption of advancement should stand

Ratio Decidendi

In light of the appellant's financial situation and the circumstances of the case, special circumstances exist for an order of security for costs; however, the amount is reduced to $3,500 to reflect costs actually incurred post-motion. Adequate time is allowed for compliance to avoid prejudicing the appellant's right to appeal.

Court Disposition

Order for security for costs granted; appellant to provide $3,500 by 18 November 1994, failing which respondent may move to dismiss the appeal. Costs of the motion and the stay application are costs in the appeal.

Orders

  • Appellant to provide security for costs in the sum of $3,500 to Registrar by 18 November 1994.
  • No stay pending provision of security.