Zhu v Wang [2021] NSWCA 109

Zhu v Wang [2021] NSWCA 109

The respondents failed to establish 'special circumstances' justifying a security for costs order as required under r 51.50 UCPR; the factors cited were insufficient individually or cumulatively and did not enliven the power to order security.

Jurisdiction
Australia
Judgment Date
28 May 2021
Procedural Posture
Appeal / Interlocutory Application for Security for Costs on Appeal
Outcome
Notice of motion dismissed with costs.
Legal Topics
['security for Costs' 'appeals' 'special Circumstances']
['civil Procedure'] ['security for Costs' 'appeals' 'special Circumstances']

Case Brief

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Procedural Posture

Appeal / Interlocutory Application for Security for Costs on Appeal

Legal Issues

  1. 1 ["Whether 'special circumstances' existed to justify an order for security for costs on appeal under r 51.50 of the Uniform Civil Procedure Rules 2005 (NSW)"]

Ratio Decidendi

The respondents failed to establish 'special circumstances' justifying a security for costs order as required under r 51.50 UCPR; the factors cited were insufficient individually or cumulatively and did not enliven the power to order security.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ["De Rucci's motion for security for costs dismissed." "De Rucci to pay the appellants' costs of the motion."]