MAR v AY Summary | CaseChat AU

[2006] QCA 401

COURT OF APPEAL

JERRARD JA
MACKENZIE J

McMURDO J

Appeal No 7093 of 2006

DC No 651 of 2006

MAR	(Defendant/Respondent)
v
AY	(Plaintiff/Applicant)
BRISBANE ..DATE 16/10/2006

JUDGMENT
MR R I CAMERON, with L M Dollar, (instructed by Baker,
O'Brien, Toll) for the applicant
No appearance for the Respondent

JERRARD JA: In view of the circumstances described earlier this morning and the non-appearance of the respondent to this application, the Court makes the following orders. That MAR give security for the prosecution of the Appeal No 7093 of 2006 filed 22 August 2006 by paying into Court within 14 days of the date of this order, the sum of $7,500 and in the event of MAR not complying with that order, it is further ordered that the appeal filed by him on 22 August 2006 stand dismissed and that he pay the costs of that appeal and that the respondent MAR pay the costs of this application for security for costs.

MACKENZIE J: I agree.

McMURDO J: I agree.

JERRARD JA: Those are the orders of the Court.

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CaseChat Overview and Summary

The Court of Appeal in Queensland heard the matter of MAR (Defendant/Respondent) versus AY (Plaintiff/Applicant). This case involved an appeal by MAR against a decision made in the District Court. The dispute was primarily concerned with the costs associated with the prosecution of the appeal. The Plaintiff/Applicant, AY, sought an order for the Defendant/Respondent, MAR, to provide security for costs in relation to the appeal that was lodged on August 22, 2006.

The legal issues before the court encompassed whether the Defendant/Respondent, MAR, should be required to provide security for costs, and if so, what the appropriate amount should be. Additionally, the court had to consider the consequences of non-compliance with such an order, specifically whether the appeal should be dismissed and who would bear the costs of the appeal and the application for security for costs.

The Court of Appeal, consisting of Jerrard JA, MacKenzie J, and McMurdo J, deliberated on the matter and decided that MAR should provide security for the prosecution of the appeal. The court determined that MAR must pay into the court the sum of $7,500 within 14 days of the order. Failure to comply with this order would result in the dismissal of the appeal filed by MAR on August 22, 2006. Furthermore, in the event of non-compliance, MAR would be responsible for paying the costs of the appeal and the costs of the application for security for costs. All judges concurred with this decision.

MAR v AY

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