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Djordjevich, David v Rohrt, Richard Trygve (in his capacity as liquidator of ACN 091 518 302 P/L (in liq) ACN 091 518 302) [2021] VSCA 279

PRACTICE AND PROCEDURE
Victorian Court of Appeal
Judge(s): 
McLeish JA and Macaulay AJA
Parties: 

Djordjevich, David v Rohrt, Richard Trygve (in his capacity as liquidator of ACN 091 518 302 P/L (in liq) ACN 091 518 302)

Judgment Date: 
14 October 2021
Catchwords: 

PRACTICE AND PROCEDURE - Security for costs - Applications for leave to appeal - Whether risk that any costs order in respondent's favour would go unsatisfied - Whether applicant impecunious - Whether open to infer applicant impecunious - Applicant declined requests to provide evidence as to financial position - Applicant yet to pay taxed costs order in related proceeding - Evidence that applicant has unencumbered interest in land - Party seeking security bears onus of establishing impecuniosity - Onus not discharged - Risk not established - Application dismissed - Supreme Court (General Civil Procedure) Rules 2015 r 64.38(2).

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