Dimitriou v Pineview Property Holdings Pty Ltd

In Dimitriou v Pineview Property Holdings Pty Ltd, the appellant sought a stay of proceedings in relation to an appeal against a decision of the Federal Circuit Court of Australia. The respondent conceded that the appellant had an arguable ground of appeal but opposed the stay on the basis that the balance of convenience did not favour a stay. Additionally, the respondent applied for security for its costs of the appeal proceedings. The court was required to decide whether the balance of convenience favoured a stay of the appeal, and if so, what amount of security for costs should be ordered.

The court noted that the respondent had conceded the arguable ground of appeal, but considered the balance of convenience did not favour a stay. The court also considered the estimates and calculations provided by the parties' experts and determined that the appropriate amount of security that should be ordered was $45,000 inclusive of GST. The court found that the appellant's application for a stay of the appeal was dismissed, and the appellant was ordered to provide security for the respondent's costs of the appeal proceedings.

In summary, the court dismissed the appellant's application for a stay of the appeal proceedings and ordered the appellant to provide security for the respondent's costs of the appeal proceedings in the sum of $45,000 inclusive of GST. The court also ordered that the security be provided by payment into Court, provision of an irrevocable bank guarantee from an Australian trading bank or by payment into an interest-bearing deposit account to be established by the Court. The appellant was to pay the respondent's costs of the application for a stay of the appeal and of the application for security for the respondent's costs. The respondent's interlocutory application filed on 21 November 2019 was otherwise dismissed.