16 VLR 711TREEVE v. BARRY Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., WEBB and HODGES, JJ. 25 September 1890Appeal — Security for costs — Motion — Full Court — Jurisdiction — "The Judicature Act 1883" (No. 761), s. 69 — Order LVIII., r. 15 — Consideration of circumstances of case — Primary judge a member of Full Court.
Upon a motion for security of the costs of an appeal from the decision of a primary judge, the Full Court is at liberty, under Order LVIII., r. 15, to have regard not only to the pecuniary means of the appellant, but also to the other circumstances of the case brought before the mind of the primary judge at the hearing; and though that judge may not be disqualified, by sec. 69 of "The Judicature Act 1883" (No. 761), from sitting in the Full Court to which such motion is made, he may decline, under such circumstances, to do so. Where, however, the only Full Court sitting at the time includes the primary judge as one of its members, the application may be made to a judge in Chambers in a matter of urgency.