Event and Time
Event Description
The case involves a family law dispute between Ms. Cornett (the respondent) and Mr. Hext (the applicant), centering around the requirement for security for costs in relation to an Application for Review filed by Ms. Cornett regarding previous court orders.
Application and Claims
- Ms. Cornett filed an Application for Review of a decision made by a Judicial Registrar, which had not been favorable towards her.
- Mr. Hext, the husband, sought security for costs, arguing that Ms. Cornett had often failed to comply with previous costs orders and therefore might not comply with potential future orders.
- Ms. Cornett had previous costs ordered against her totaling $10,000 from an unsuccessful appeal, which remained unpaid.
Judicial Decisions
- The court ordered Ms. Cornett to deposit $18,000 into the trust account of Kenna Teasdale Lawyers as security for costs by a specified deadline.
- Failure to comply with this order would result in the removal of her Application for Review from pending cases and a stay until further orders.
Dispute Points and Legal Basis
Dispute Points
- Ms. Cornett (Respondent):
- Argued against the need for security for costs, claiming it would stifle her ability to pursue her application. - Suggested she could borrow from sympathetic relatives if required to pay costs.
- Mr. Hext (Applicant):
- Emphasized Ms. Cornett's impecuniosity and history of not complying with prior costs orders as justification for requiring security. - Contended that his position in previous litigations has been predominantly successful, advocating for the need to protect his financial interests.