Levy v Bablis [2012] NSWCA 77

Levy v Bablis [2012] NSWCA 77

The appellant failed to establish a material change of circumstances since the previous order for security for costs; most material relied upon was either available or should have been available previously; there was no sufficient basis or jurisdiction for a single judge to vary the order or further extend time; accordingly, the notice of motion must be dismissed.

Parties
Appellant: Julian Emmanuel Levy; Respondent: Peter Bablis
Jurisdiction
Australia
Judgment Date
05 April 2012
Procedural Posture
Interlocutory Application / Application to Vary Order for Security for Costs and Relief From Providing Further Security
Outcome
Notice of motion dismissed with costs
Legal Topics
Security for Costs, Interlocutory Orders, Appeal Procedure, Fresh Evidence, Variation of Orders
Civil Procedure Security for Costs Interlocutory Orders Appeal Procedure Fresh Evidence Variation of Orders

Case Brief

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Parties

Julian Emmanuel Levy

Appellant

Peter Bablis

Respondent

Procedural Posture

Interlocutory Application / Application to Vary Order for Security for Costs and Relief From Providing Further Security

Legal Issues

  1. 1 Whether the appellant should be relieved from providing further security for costs
  2. 2 Whether there has been a material change of circumstance justifying variation of the security for costs order
  3. 3 Jurisdiction to vary an order made by another judge of appeal

Ratio Decidendi

The appellant failed to establish a material change of circumstances since the previous order for security for costs; most material relied upon was either available or should have been available previously; there was no sufficient basis or jurisdiction for a single judge to vary the order or further extend time; accordingly, the notice of motion must be dismissed.

Court Disposition

Notice of motion dismissed with costs

Orders

  • Notice of motion dismissed with costs
  • If the second tranche of the security is not furnished on or before April 10, the appeal will stand dismissed