Levy v Bablis [2012] NSWCA 147

Levy v Bablis [2012] NSWCA 147

No material change in circumstances was demonstrated to justify varying the security for costs order. The stay on proceedings should remain until security is provided, consistent with the manifest intention of the original and subsequent orders. The alleged mischaracterisation of certain orders as consent orders was immaterial to the decision and did not warrant correction under the slip rule.

Jurisdiction
Australia
Judgment Date
11 May 2012
Procedural Posture
Interlocutory Application / Oral Application for Variation of Earlier Orders
Outcome
Application dismissed with costs
Legal Topics
['security for Costs' 'variation of Orders' 'stay of Proceedings' 'slip Rule']
['civil Procedure'] ['security for Costs' 'variation of Orders' 'stay of Proceedings' 'slip Rule']

Case Brief

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Procedural Posture

Interlocutory Application / Oral Application for Variation of Earlier Orders

Legal Issues

  1. 1 ['Whether the existing orders concerning security for costs should be varied to reduce the required amount' 'Whether a stay flowing from the security for costs order should be lifted or relaxed to allow inspection of subpoenaed documents' 'Whether the judgment of 8 May 2012 wrongly described certain orders as consent orders, requiring correction under the slip rule']

Ratio Decidendi

No material change in circumstances was demonstrated to justify varying the security for costs order. The stay on proceedings should remain until security is provided, consistent with the manifest intention of the original and subsequent orders. The alleged mischaracterisation of certain orders as consent orders was immaterial to the decision and did not warrant correction under the slip rule.

Court Disposition

Application dismissed with costs

Orders

  • ['The motion is dismissed with costs.' 'Liberty to apply is granted.']