An application under s 46(4) of the Supreme Court Act 1970 (NSW) to discharge an order of a judge of appeal requires demonstration of error of law, material error of fact, or error within the House v The King principles; it is not an appeal or rehearing de novo. Where a judge of appeal makes an impressionistic assessment of the quantum of security for costs pending appeal, the assessment will not be disturbed absent demonstrated error.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
4 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.