NSW Caselaw
New South Wales Court of Appeal
CITATION: Hastings v Hastings [2009] NSWCA 294
HEARING DATE(S): 14 September 2009
JUDGMENT DATE: 22 September 2009
JUDGMENT OF: Macfarlan JA
(1) Set aside the orders made by Registrar Schell on 22 June 2009. DECISION: (2) Dismiss the respondent's application for security for costs. (3) Order that the costs of the appellant of that application and of the motion for the review of the Registrar's decision be paid by the respondent.
CATCHWORDS: PROCEDURE - security for costs of appeal - appeal would be stultified if security ordered
LEGISLATION CITED: Family Provision Act 1982 Uniform Civil Procedure Rules 2005
CATEGORY: Procedural and other rulings
Bell Wholesale Co Ltd v Gates Export Corp (No 2) (1984) 2 FCR 1 Pioneeer Park Pty Ltd (in liq) v Australia and New Zealand Banking Group Ltd [2007] NSWCA 344; (2007) 65 ACSR 383 Piras v Egan [2007] NSWCA 26 CASES CITED: Porter v Gordian Runoff Ltd [2004] NSWCA 171 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Singer v Berghouse [1993] HCA 35; (1993) 114 ALR 521 Tomko v Plasty (No 2) [2007] NSWCA 369; (2008) 71 NSWLR 61 Transglobal Capital Pty Ltd v Yolarno Pty Ltd [2004] NSWCA 136; (2004) 60 NSWLR 143
PARTIES: Phillip Hastings (Appellant) John William Hastings (Respondent)
FILE NUMBER(S): CA 40063/09
COUNSEL: C M Simpson SC (Appellant) L J Ellison SC (Respondent)
SOLICITORS: Coode and Corry (Appellant) Thomas McDarra & Co (Respondent)
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