Saberi v Bakhshizadeh [2022] NSWCA 142

Saberi v Bakhshizadeh [2022] NSWCA 142

No error of principle or clear injustice was identified in the orders for security for costs, or the subsequent dismissal for non-provision of security; the applicant failed to establish any basis to set aside the discretionary interlocutory determinations or to justify leave to appeal.

Jurisdiction
Australia
Judgment Date
11 August 2022
Procedural Posture
Civil Appeal / Leave to Appeal and Notice of Appeal—court of Appeal From Interlocutory Judgments of District Court
Outcome
Appeal and summons dismissed with costs.
Legal Topics
['security for Costs' 'ordinarily Resident Outside Australia' 'application for Leave to Appeal' 'dismissal for Non Provision of Security']
['civil Procedure'] ['security for Costs' 'ordinarily Resident Outside Australia' 'application for Leave to Appeal' 'dismissal for Non Provision of Security']

Case Brief

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Procedural Posture

Civil Appeal / Leave to Appeal and Notice of Appeal—court of Appeal From Interlocutory Judgments of District Court

Legal Issues

  1. 1 ["Whether appellant was 'ordinarily resident outside of Australia' for purposes of security for costs (UCPR r 42.21(1)(a))" 'Whether the dismissal of the action for non-compliance with the security for costs order should be set aside' 'Whether there were any arguable grounds for grant of leave to appeal']

Ratio Decidendi

No error of principle or clear injustice was identified in the orders for security for costs, or the subsequent dismissal for non-provision of security; the applicant failed to establish any basis to set aside the discretionary interlocutory determinations or to justify leave to appeal.

Court Disposition

Appeal and summons dismissed with costs.

Orders

  • ['Notice of appeal filed on 23 February 2022 dismissed as incompetent, with costs.' 'Summons seeking leave to appeal filed on 28 April 2022 dismissed with costs.']