Blue Mirror Pty Ltd v Tan & Tan Australia Pty Ltd (in liq) (No 2) [2024] NSWCA 286

Blue Mirror Pty Ltd v Tan & Tan Australia Pty Ltd (in liq) (No 2) [2024] NSWCA 286

No exceptional circumstances justify the continuation of security for costs post-appeal, since the litigation in the Court is at an end, no application for special leave has yet been made, and no satisfactory explanation or grounds for such application has been offered. The successful litigant is entitled to release of the security provided, and to costs.

Parties
Appellant: Blue Mirror Pty Ltd; First Respondent: Tan & Tan Australia Pty Ltd (in liq); Second Respondent: Anthony Tan; Third Respondent: Australian Construction Company Pty Ltd
Jurisdiction
Australia
Judgment Date
04 December 2024
Procedural Posture
Appeal / Judgment on Costs and Security for Costs Post Appeal
Outcome
Appeal allowed on costs; security for costs released to the appellant; costs orders set aside and replaced in line with reasons given.
Legal Topics
Costs, Security for Costs, Release of Security, Appeal Procedures
Civil Procedure Costs Security for Costs Release of Security Appeal Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Blue Mirror Pty Ltd

Appellant

Tan & Tan Australia Pty Ltd (in liq)

First Respondent

Anthony Tan

Second Respondent

Australian Construction Company Pty Ltd

Third Respondent

Procedural Posture

Appeal / Judgment on Costs and Security for Costs Post Appeal

Legal Issues

  1. 1 Whether security for costs should be released following successful appeal
  2. 2 Whether costs orders should be altered or set aside post-appeal

Ratio Decidendi

No exceptional circumstances justify the continuation of security for costs post-appeal, since the litigation in the Court is at an end, no application for special leave has yet been made, and no satisfactory explanation or grounds for such application has been offered. The successful litigant is entitled to release of the security provided, and to costs.

Court Disposition

Appeal allowed on costs; security for costs released to the appellant; costs orders set aside and replaced in line with reasons given.

Orders

  • The second and third respondents pay the appellant's costs.
  • Set aside order 3 made on 1 February 2024 in the court below insofar as it concerned costs between the plaintiff on the one hand and the fourth and fifth defendants on the other, and in lieu thereof order that the fourth and fifth defendants pay the plaintiff's costs.