NSW Caselaw
New South Wales Court of Appeal
CITATION: PIRAS v EGAN & ANOR [2007] NSWCA 26
HEARING DATE(S): 19/02/07
JUDGMENT DATE: 26 February 2007
JUDGMENT OF: Bryson JA at 1
DECISION: The Notice of Motion is dismissed with costs.
CATCHWORDS: PRACTICE - security for costs in Court of Appeal - review of Registrar's order for cash $25000 deposit by appellant - impecunious while awaiting trial since arrest in 2002 - Italian citizen, no resources, limited visa prevents employment or Social Services - assisted by friend and manages significant expenditure for friend - entitled to large credits on Credit Card accounts - consideration of Special Circumstances SCR Pt.51 r.16 - Order for Security for costs confirmed.
Family Provision Act 1982 LEGISLATION CITED: Supreme Court Act 1920 s.121(3) Uniform Civil Procedure Rules rr.42.21, 49.20 Supreme Court Rules Pt.51 r.16
Transglobal Capital Pty Ltd v Yalarno Pty Ltd [2004] NSWCA 136 CASES CITED: Porter v Gordian Runoff Ltd [2004] NSWCA 171 Piras v The Queen [2006] NSWCCA 396
Augusto Piras - Claimant PARTIES: Michael Andrew Egan - 1st Opponent Renate Judith Egan - 2nd Opponent
FILE NUMBER(S): CA 40311/2006
COUNSEL: D. Smallbone - Claimant M. Bridger - Opponents
SOLICITORS: Anderson Lawyers - Claimant Robilliard Lawyers - Opponents
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 40311/06
LOWER COURT JUDICIAL OFFICER: Registrar Schell
LOWER COURT DATE OF DECISION: 09/10/2006
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40311/2006
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