Marks-Isaacs v Fowler & Ors [2005] NSWCA 37

New South Wales Court of Appeal

CITATION: Marks-Isaacs v Fowler & Ors [2005] NSWCA 37

HEARING DATE(S): 31 January 2005

JUDGMENT DATE: 2 March 2005

JUDGMENT OF: Handley JA

DECISION: 1. Order the appellant to provide security for one set of costs between the respondents in the amount of $15,000 to be deposited in a joint interest bearing account with a bank or building society in the names of the solicitor for the appellant and a solicitor for the respondents as agreed between them or as nominated by the Registrar, with liberty to provide such security by monthly deposits of not less than $1,000, the first such deposit to be made on or before 31 March 2005.; 2. The appellant is to be at liberty to prosecute the appeal in the meantime subject to such payments being made but a hearing date for the appeal is not to be fixed until the full $15,000 has been deposited.; 3. Costs of both motions costs in the appeal.; 4. Liberty to apply.

CATCHWORDS: APPEAL - security for costs - special circumstances - appellant's financial position not fully disclosed - security ordered - one set of costs between respondents

LEGISLATION CITED: Supreme Court Rules 1970 Pt 51 r 16(1)

Insurance Commissioner v Joyce (1948) 77 CLR 39 Permanent Trustee Co of NSW Ltd v Hinks (1934) 34 SR (NSW) 130 CASES CITED: Porter v Gordian Runoff Ltd [2004] NSWCA 171 Transglobal Capital Pty Ltd v Yolarno Pty Ltd (2004) 60 NSWLR 143

Simon Edwards Marks-Isaacs (Appellant) PARTIES: Stuart Grant Fowler & Ors trading as Gadens Ridgeway (First Respondent) James Robert Dupree (Second Respondent)

FILE NUMBER(S): CA 41014/04

R F Margo SC/A Blank (Appellant) COUNSEL: D Cassperson (First Respondent) G Craddock (Second Respondent)