Piras v Egan & Anor

[2007] NSWCA 26

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Court of Appeal
4. › Special circumstances under SCR Pt.51 r.16
5. › Whether impecuniosity alone constitutes special circumstances
6. › Whether foreign citizenship combined with criminal visa status and other factors constitutes special circumstances
7. › Supreme Court Rules Pt.51 r.16
1. Practice and Procedure
2. › Security for costs
3. › Review of Registrar's order
4. › Fresh evidence on review
5. › Whether court should exercise discretion afresh where evidence significantly different
6. › Supreme Court Act 1920 (NSW), s 121(3)
7. › UCPR r 49.20
1. Practice and Procedure
2. › Security for costs
3. › Relevant considerations
4. › Impecuniosity of appellant
5. › Foreign citizenship
6. › Existing costs obligations
7. › Prospects of appeal
8. › Risk of irrecoverable costs to respondent
9. › UCPR r 42.21

Quick Take

Impecuniosity alone does not constitute special circumstances for security for costs in the Court of Appeal under SCR Pt.51 r.16. However, impecuniosity combined with foreign citizenship, criminal visa status preventing employment, a guilty plea to a serious offence, access to significant credit resources through third parties, existing unpaid costs obligations, and the absolute risk of irrecoverable costs to the respondent may collectively constitute special circumstances warranting an order for security.