Read the full judgment text of CACV 148/1995 on BabelCite. This Court of Appeal judgment was delivered on 14 October 1999 before Nazareth V-P.
Civil procedure – security for costs – Privy Council appeal – interpretation of security conditions – Rule 4(a) of the Order-in-Council (1909) – formal order vs judgment – oversight – payment out – no order as to costs – WFM Motors Pty Ltd v Malcolm Maydwell – CACV 148/1995 – Court of Appeal – Nazareth V-P – 14 October 1999 – application by defendant's solicitors for payment out of $100,000 security – security paid pursuant to Court of Appeal order dated 16 February 1996 – Privy Council dismissed appeal and ordered costs – bankruptcy of plaintiff – Official Receiver concerned for other creditors – court held all four conditions of Rule 4(a) apply despite formal order only mentioning two – payment out granted to plaintiff's solicitors – no costs order
Legal issues: Interpretation of security conditions under Rule 4(a) of the Order-in-Council
Outcome: Application granted; payment out of $100,000 plus interest to the plaintiff's solicitors on their own authority.
Cited by 3 cases