Riva NSW Pty Ltd v Mark A Fraser and Christopher P Clancy t/as Fraser Clancy Lawyers [2018] NSWCA 186

Riva NSW Pty Ltd v Mark A Fraser and Christopher P Clancy t/as Fraser Clancy Lawyers [2018] NSWCA 186

There was no sufficient change of circumstances to justify variation of the prior security for costs order, nor justification for the manner of provision by bank guarantee. The appellant failed to seek an extension in a timely manner or adduce evidence supporting the application. The application was dismissed, and the underlying judicial review proceedings remained dismissed as per previous orders.

Jurisdiction
Australia
Judgment Date
17 August 2018
Procedural Posture
Judicial Review / Application to Vary Security for Costs Order; Appeal Against Single Judge Order
Outcome
Application dismissed; Judicial Review Proceedings remain dismissed
Legal Topics
['security for Costs' 'judicial Review' 'variation of Orders']
['civil Procedure'] ['security for Costs' 'judicial Review' 'variation of Orders']

Case Brief

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Procedural Posture

Judicial Review / Application to Vary Security for Costs Order; Appeal Against Single Judge Order

Legal Issues

  1. 1 ['Whether orders for security for costs should be varied due to alleged change in circumstances' 'Whether time for compliance with security for costs order should be extended' 'Appropriate manner of providing security for costs']

Ratio Decidendi

There was no sufficient change of circumstances to justify variation of the prior security for costs order, nor justification for the manner of provision by bank guarantee. The appellant failed to seek an extension in a timely manner or adduce evidence supporting the application. The application was dismissed, and the underlying judicial review proceedings remained dismissed as per previous orders.

Court Disposition

Application dismissed; Judicial Review Proceedings remain dismissed

Orders

  • ["The appellant's notice of motion of 13 April 2018 be dismissed with costs." 'The 2017 Judicial Review Proceedings stand dismissed in accordance with the orders made by Simpson JA on 22 March 2018.' 'No further order made as to costs of the 2017 Judicial Review Proceedings.']