Li v Herald & Weekly Times Pty Ltd

In Li v Herald & Weekly Times Pty Ltd, the applicant sought an order reducing the amount of additional security for costs of appeal that had been imposed by the primary judge. The respondent had issued a bankruptcy notice to the applicant, and the applicant argued that if they were declared bankrupt, the appeal would become ineffective. The matter was heard in the Federal Court of Australia.

The court was required to determine whether the amount of additional security ordered by the primary judge should be reduced. Additionally, the court had to consider the relevance of the lateness of the application for additional security and whether the bankruptcy of the appellant would render the appeal ineffective. The primary judge had ordered the appellant to provide additional security for costs of appeal, and the appellant sought to reduce this amount, arguing that the primary judge had not properly considered the circumstances of the case.

The court found that the primary judge had not erred in ordering the additional security. The court held that the lateness of the application for additional security was relevant, and the appellant had not demonstrated that the amount of security ordered was excessive. The court also found that the bankruptcy of the appellant would not render the appeal ineffective, as the appellant could still pursue the appeal through their trustee in bankruptcy. The court dismissed the application for reduced security and denied the application for a stay of execution of the bankruptcy notice.

No orders were made in relation to the application for reduced security or the application for a stay of execution of the bankruptcy notice.