PRATT v ASHTON [2012] NSWCA 313

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: PRATT v ASHTON [2012] NSWCA 313 Hearing dates: 24 September 2012 Decision date: 28 September 2012 Before: HOEBEN JA Decision: The respondent's motion for security for costs is dismissed. Respondent is to pay the appellant's costs of the motion. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: Security for costs - claim by former mistress of deceased against estate - whether impecuniosity of appellant established - whether matters raised on appeal arguable - special circumstances not established - application dismissed. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ashton v Pratt (No 2) [2012] NSWSC 3 Devries v Australian National Railways Commission [1993] HCA 78; 177 CLR 472 Fox v Percy [2003] HCA 22; 214 CLR 118 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Category: Interlocutory applications Parties: Madison Ashton - Appellant Jeanne Pratt - Respondent Representation: Counsel: Mr R Newtown - Appellant Mr M Henry -Respondent Solicitors: David Legal - Appellant Arnold Block Leibler - Respondent File Number(s): 2012/42742 Decision under appeal Citation: [2012] NSWSC 3 Date of Decision: 2012-01-16 00:00:00 Before: Brereton J File Number(s): 2012/42742