Garslev Holdings Pty Ltd v Overdean Developments Pty Ltd [2022] NSWCA 156

Garslev Holdings Pty Ltd v Overdean Developments Pty Ltd [2022] NSWCA 156

There was no proper basis to vary the existing security for costs regime as the appellants' alternative was not accompanied by a clear timeframe, was problematic to realise, and did not impose any obligation on the respondents to accept a different form of security. The existing order was standard, and the refusal of alternative security was not contrary to the Civil Procedure Act. Costs follow the event.

Jurisdiction
Australia
Judgment Date
18 August 2022
Procedural Posture
Appeal / Interlocutory Application to Vary Security for Costs Order
Outcome
Application to vary regime for security for costs dismissed, with costs.
Legal Topics
['security for Costs' 'appeals' 'practice and Procedure']
['civil Procedure'] ['security for Costs' 'appeals' 'practice and Procedure']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application to Vary Security for Costs Order

Legal Issues

  1. 1 ['Whether the security for costs regime ordered by the Court should be varied to accept an alternative form of security proposed by the appellants instead of payment into court.']

Ratio Decidendi

There was no proper basis to vary the existing security for costs regime as the appellants' alternative was not accompanied by a clear timeframe, was problematic to realise, and did not impose any obligation on the respondents to accept a different form of security. The existing order was standard, and the refusal of alternative security was not contrary to the Civil Procedure Act. Costs follow the event.

Court Disposition

Application to vary regime for security for costs dismissed, with costs.

Orders

  • ['The application to vary the security for costs orders made on 4 July 2022 is dismissed with costs.']