Starr-Diamond v Diamond [2013] NSWCA 7

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Starr-Diamond v Diamond [2013] NSWCA 7 Hearing dates: 28 November 2012 Decision date: 12 February 2013 Before: HOEBEN JA Decision: (1) Pursuant to rule 51.50 of the Uniform Civil Procedure Rules the appellant is to provide security for the costs of the appeal in the amount of $80,000. (2) The appeal proceedings are to be stayed until such security is provided or until further order of the Court. (3) The appellant is to pay the costs of this 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: PRACTICE and PROCEDURE - application for security for costs - whether special circumstances exist for grant of security - where hearing below was substantial in length - where appellant seeks to agitate the same legal and factual issues raised at first instance - where estimated costs of appeal will be significant - where appellant impecunious and applicant will have no prospect of enforcing a costs judgment in her favour against appellant - where appeal has little prospects of success. Legislation Cited: Property (Relationships) Act 1984 - s 2 Cases Cited: Idoport Pty Ltd v National Australia Bank Ltd; Idoport Pty Ltd and Market Holdings Pty Ltd v Donald Robert Argus; Idoport Pty Ltd "JMG" v National Australia Bank Ltd [2001] NSWSC 744 KP Cable Investments Pty Ltd v Meltglow Pty Ltd [1995] 56 FCR 189 Lall v 53-55 Hall Street Pty Ltd (1978) 1 NSWLR 310 Levy v Bablis [2011] NSWCA 411 Preston v Harbour Pacific Underwriting Management Pty Limited [2007] NSWCA 247 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Starr-Diamond v Diamond [2012] NSWSC 675 Tait v Bindal People [2002] FCA 332 Weldon v Maples, Tyeesdale & Co (1887) 20 QBD 331 Yandil Holdings Pty Ltd v Insurance Co of North America [1985] 3 ACLC 542 Category: Costs Parties: Simone Starr-Diamond - Appellant Talus Diamond - First Respondent Representation: Counsel: Appellant appeared in person Ms F Sinclair - First Respondent Solicitors: Appellant appeared in person Stephen Hodges Solicitor - First Respondent File Number(s): 2012/216203 Decision under appeal Citation: Simone Starr-Diamond v Talus Diamond [2012] NSWSC 675 Date of Decision: 2012-06-19 00:00:00 Before: Slattery J File Number(s): 2008/278342