Tomanovic Multiown Pty Ltd v Interlux Projects Pty Ltd

[2022] NSWCA 38

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Appeal
4. › Corporate appellant
5. › Jurisdictional requirement under s 1335 Corporations Act 2001 (Cth)
6. › Whether credible testimony providing reason to believe corporation unable to pay costs
7. › Criteria relevant to exercise of discretion
8. › Stay of proceedings pending provision of security
9. › Corporations Act 2001 (Cth), s 1335
1. Practice and Procedure
2. › Security for costs
3. › Appeal
4. › Amount of security
5. › Assessment of likely costs of appeal
6. › Party and party costs
7. › Conservative approach to assessment

Quick Take

Failure to pay a gross sum costs order and failure to seek a stay of that order may support an inference of inability to pay, satisfying the jurisdictional requirement for security under s 1335 for corporate appellants.