Tait v Bindal People [2002] FCA 322

Tait v Bindal People [2002] FCA 322

Security for costs should be ordered because the matter was at the appellate leave stage, the Bindal People had the benefit of a judgment in their favour, Mr Tait was impecunious, and without security there was a probability that the Bindal People would not recover their costs if again successful; however, the appropriate security was a nominal amount of $1000.

Jurisdiction
Australia
Judgment Date
20 March 2002
Procedural Posture
Application for Security for Costs in an Application for Leave to Appeal / Interlocutory Motion
Outcome
Security for costs ordered in the sum of $1000; application for leave to appeal to be stayed if security was not provided by the specified time; costs of the motion awarded to the applicant on the motion.
Legal Topics
['security for Costs' 'application for Leave to Appeal' 'impecuniosity' 'stay of Application' 'aboriginality Under the Native Title Act 1993 (cth)']
['civil Procedure' 'costs' 'native Title'] ['security for Costs' 'application for Leave to Appeal' 'impecuniosity' 'stay of Application' 'aboriginality Under the Native Title Act 1993 (cth)']

Case Brief

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Procedural Posture

Application for Security for Costs in an Application for Leave to Appeal / Interlocutory Motion

Legal Issues

  1. 1 ['Whether security for costs should be ordered against the applicant for leave to appeal.' "Whether the applicant's impecuniosity constituted a special circumstance justifying security for costs at the appellate level." 'Whether the amount of security should be nominal given the circumstances.' 'Whether the application for leave to appeal should be stayed if security was not provided.']

Ratio Decidendi

Security for costs should be ordered because the matter was at the appellate leave stage, the Bindal People had the benefit of a judgment in their favour, Mr Tait was impecunious, and without security there was a probability that the Bindal People would not recover their costs if again successful; however, the appropriate security was a nominal amount of $1000.

Court Disposition

Security for costs ordered in the sum of $1000; application for leave to appeal to be stayed if security was not provided by the specified time; costs of the motion awarded to the applicant on the motion.

Orders

  • ['The applicant for leave provide security in a form satisfactory to the Registrar in the sum of $1000.' 'Unless that security is provided by 4.00 pm on Friday 12 April 2002 the application for leave to appeal be stayed.' 'The applicant on the motion have its costs of the motion, to be taxed if not agreed.']