M, PJ v W, JW

In the matter of M, PJ v W, JW, the court was asked to consider the issue of providing security for costs in relation to an appeal. The respondent, W, sought an order that the appellant, M, provide security for costs in respect of the appeal. This application arose out of a larger family law dispute, with the appeal being related to an earlier judgment of the Family Court.

The primary legal issue before the court was whether the appellant should be required to provide security for costs in relation to the appeal. The court was required to consider the relevant factors in determining whether such an order was appropriate, including the appellant’s financial circumstances, the prospects of success of the appeal, and the potential prejudice to the respondent if security was not provided.

In making its decision, the court considered the affidavit evidence provided by the parties, including an affidavit from the respondent’s solicitor which estimated the costs of the appeal. The court found that the appellant’s impecuniosity and the prospects of success on appeal warranted an order for security. The court ordered that certain grounds of appeal be struck out and that the appellant provide security in the sum of $25,000 unless and until the prosecution of the appeal was stayed.

The court made an order that grounds 1, 2 and 3 of the notice of appeal be struck out. It was also ordered that the prosecution of the appeal be stayed unless and until the appellant provided a form of security to the value of $25,000 in respect of the respondent’s costs. The security was to be provided in a form acceptable to the court and to the respondent. The court indicated that it would hear from the parties as to any further orders.