Guan v Lui [2020] NSWCA 251

Guan v Lui [2020] NSWCA 251

Special circumstances existed justifying security for costs as the appellant, although impecunious in Australia, had on the evidence ready access to funds from her husband in China to meet the order, and there was an essential unfairness in shielding the appellant from enforcement while allowing use of funds for litigation. Timing of the application for security did not disqualify the respondent, but quantum was confined to prospective costs.

Jurisdiction
Australia
Judgment Date
09 October 2020
Procedural Posture
Appeal / Application for Security for Costs Prior to Hearing of Appeal
Outcome
Security for costs ordered against appellant and further orders as to enforcement and costs.
Legal Topics
['security for Costs' 'appeal Procedure']
['civil Procedure'] ['security for Costs' 'appeal Procedure']

Case Brief

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Procedural Posture

Appeal / Application for Security for Costs Prior to Hearing of Appeal

Legal Issues

  1. 1 ['Whether special circumstances exist to warrant an order for security for costs against the appellant under UCPR r 51.50(1)']

Ratio Decidendi

Special circumstances existed justifying security for costs as the appellant, although impecunious in Australia, had on the evidence ready access to funds from her husband in China to meet the order, and there was an essential unfairness in shielding the appellant from enforcement while allowing use of funds for litigation. Timing of the application for security did not disqualify the respondent, but quantum was confined to prospective costs.

Court Disposition

Security for costs ordered against appellant and further orders as to enforcement and costs.

Orders

  • ["Order appellant to provide security for respondent's costs of the appeal by paying $20,000 into Court by 15 October 2020." 'Grant leave to respondent to apply, by Notice of Motion by 19 October 2020, for dismissal of the appeal if security not provided.' "Appellant to pay respondent's costs of the Notice of Motion...