Hastings v Hastings

[2009] NSWCA 294

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Security for costs of appeal
4. › Special circumstances under UCPR r 51.50
5. › Whether bona fide and reasonably arguable appeal would be stultified
6. › Whether stultification is decisive factor
7. › Uniform Civil Procedure Rules 2005 (NSW), r 51.50
1. Practice and Procedure
2. › Review of Registrar's decision
3. › Nature of review under UCPR r 49.19
4. › Whether error must be demonstrated
5. › Whether reviewing court re-exercises discretion
6. › Uniform Civil Procedure Rules 2005 (NSW), r 49.19
1. Succession
2. › Family provision
3. › Security for costs in family provision appeals
4. › Whether special nature of family provision cases affects security for costs
5. › Family Provision Act 1982 (NSW), s 7

Quick Take

Where it is agreed or established that a bona fide and reasonably arguable appeal would be stultified by an order for security for costs, that fact carries decisive weight and such an order should usually not be made. A Registrar's failure to take stultification into account constitutes reviewable error. In family provision cases, there is a somewhat greater reluctance to order security for costs.