O'Donnell v Mason & Mason

[1998] QCA 448

COURT OF APPEAL  [1998] QCA 448

de JERSEY CJ
PINCUS JA
THOMAS JA

Appeal No 9337 of 1998

DENIS O'DONNELL and
JACQUELINE O'DONNELL  First Appellant/First Defendant

and

ADMARK SYSTEMS PTY LTD  Second Appellant/Second Defendant

and

ROBERT COLIN MASON and
DIANE VERONICA MASON  Respondent/Plaintiff

BRISBANE

..DATE 20/11/98

JUDGMENT

THE CHIEF JUSTICE:  This is an application for security for costs of the appeal brought by the respondents who succeeded at the trial in gaining a judgment for $245,000.

The judgment was given on 10 September 1998.  The trial Judge ordered the appellants to release to the respondents monies in a bank account in part satisfaction of the judgment.  Apparently after some delay those monies were paid over, but approximately $147,000 remains owing.

The appellants are natural persons residing in the United Kingdom, the corporate appellant has been deregistered.  The appellants apparently own no real property within this jurisdiction.  The notice of appeal and the affidavits filed for the appellants indicate that the appeal is confined to factual challenges. 

In all these circumstances I consider this to be a case where the Court should exercise its discretion to order the provision of security for costs.  The material establishes that $8500 is the appropriate figure.

I would order that the appellants pay to the Registrar as security for the respondents' costs of the appeal the sum of $8500 and that pending the payment of such amount further proceedings on the appeal be stayed and that costs of this application be costs in the appeal.

PINCUS JA:  I agree.

THOMAS JA:  I agree.

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