Visual Building Construction Pty Ltd v David Armistead [2019] NSWCA 92

Visual Building Construction Pty Ltd v David Armistead [2019] NSWCA 92

In light of credible evidence indicating the appellant’s inability to pay costs and lack of sufficient reason otherwise, the interests of justice warranted an order for security for costs of $15,000, with appeal stayed until security provided.

Jurisdiction
Australia
Judgment Date
29 April 2019
Procedural Posture
Appeal / Security for Costs Application in Court of Appeal
Outcome
Security for costs ordered; appeal stayed until provided; costs of application to respondent
Legal Topics
['security for Costs' 'corporate Appellant' 'impecuniosity']
['civil Procedure'] ['security for Costs' 'corporate Appellant' 'impecuniosity']

Case Brief

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Procedural Posture

Appeal / Security for Costs Application in Court of Appeal

Legal Issues

  1. 1 ['Whether security for costs should be ordered against a corporate appellant under s 1335 of the Corporations Act 2001 (Cth)' 'Whether appellant likely unable to pay costs of appeal if unsuccessful' 'Whether existence of home warranty insurance or claim for further payments justifies refusing security']

Ratio Decidendi

In light of credible evidence indicating the appellant’s inability to pay costs and lack of sufficient reason otherwise, the interests of justice warranted an order for security for costs of $15,000, with appeal stayed until security provided.

Court Disposition

Security for costs ordered; appeal stayed until provided; costs of application to respondent

Orders

  • ['Appellant to provide security for respondents’ costs of and incidental to the appeal in the amount of $15,000, by court payment or unconditional bank guarantee acceptable to respondents.' 'Appeal proceedings stayed until security is provided.' 'Appellant to pay respondents’ costs of the security for costs...