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Food and Wine Travel P/L (ACN 131 449 995) v Express Travel Group P/L (ACN 137 526 599)  VSCA 280
PRACTICE AND PROCEDURE
Victorian Court of Appeal
McLeish JA and Macaulay AJA
Food and Wine Travel P/L (ACN 131 449 995) v Express Travel Group P/L (ACN 137 526 599)
14 October 2021
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).