Vintage Marine Art Pty Ltd v Henderson & Cremer (No 2) [2019] NSWCA 252

Vintage Marine Art Pty Ltd v Henderson & Cremer (No 2) [2019] NSWCA 252

Leave to appeal was granted and appeal allowed because there was no material change since the original security order, and the existence of Gina Edwards's personal undertaking, combined with the absence of increased costs or new complexity, made it inappropriate to order further security for costs.

Jurisdiction
Australia
Judgment Date
19 September 2019
Procedural Posture
Appeal / Court of Appeal Judgment After Application for Leave to Appeal and Appeal Against Orders for Further Security for Costs
Outcome
Appeal allowed; orders for further security for costs set aside; application for further security dismissed; costs to applicant.
Legal Topics
['security for Costs' 'costs' 'corporate Insolvency' 'discretion for Security Orders' 'personal Undertakings for Costs']
['civil Procedure'] ['security for Costs' 'costs' 'corporate Insolvency' 'discretion for Security Orders' 'personal Undertakings for Costs']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Judgment After Application for Leave to Appeal and Appeal Against Orders for Further Security for Costs

Legal Issues

  1. 1 ['Whether further security for costs should have been ordered where prior order existed and applicant offered a personal undertaking' 'Whether a material change in circumstances justified further security' 'Effect of personal undertakings on the necessity for security order']

Ratio Decidendi

Leave to appeal was granted and appeal allowed because there was no material change since the original security order, and the existence of Gina Edwards's personal undertaking, combined with the absence of increased costs or new complexity, made it inappropriate to order further security for costs.

Court Disposition

Appeal allowed; orders for further security for costs set aside; application for further security dismissed; costs to applicant.

Orders

  • ['Time to file the Summons for Leave to Appeal extended to date of filing.' 'Leave to appeal granted; applicant to file Notice of Appeal within seven days.' "Appeal allowed; orders of Rothman J of 14 November 2018 set aside; Gina Edwards's undertaking to be personally answerable for any costs order against the...