Li v The Herald and Weekly Times Ltd & Anor

[2008] VSCA 201

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Security for costs of appeal
4. › Application to reduce amount of additional security
5. › Whether amount should be reduced where appellant unable to raise full amount within time but able to do so with extension
6. › Relevance of respondent's delay in applying for additional security
1. Practice and Procedure
2. › Appeal
3. › Stay of execution pending appeal
4. › Bankruptcy notice served by respondent as judgment creditor
5. › Whether prospect of sequestration order constitutes special circumstances justifying stay
6. › Whether bankruptcy would render appeal nugatory

Quick Take

Where an appellant cannot raise the full amount of security for costs within the time ordered but can do so with additional time, the appropriate course is to extend time rather than reduce the amount. The prospect of a sequestration order against an appellant constitutes special circumstances justifying a stay of execution of a costs order, particularly where bankruptcy would destroy the appellant's ability to fund the security required for the appeal. A conditional undertaking by a respondent not to proceed with a creditor's petition, where the condition requires the appellant to abandon related proceedings, is not acceptable.