Levy v Bablis

[2012] NSWCA 128

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Variation of security order
4. › Whether material change of circumstances since original order
5. › Whether evidence available at time of earlier application can ground second application
6. › Civil Procedure Act 2005 (NSW), ss 56-60
1. Practice and Procedure
2. › Interlocutory orders
3. › Review by Court of Appeal of orders of single Judge of Appeal
4. › Standard of review
5. › Whether House v The King error demonstrated
6. › Supreme Court Act 1970 (NSW), s 46(4)
7. › Uniform Civil Procedure Rules 2005 (NSW), r 51.58
1. Practice and Procedure
2. › Security for costs
3. › Self-executing order of dismissal
4. › Whether order should be discharged
5. › Whether appellant demonstrated error in refusal to discharge

Quick Take

A party seeking review under s 46(4) of the Supreme Court Act 1970 (NSW) of a single Judge of Appeal's refusal to vary security for costs must demonstrate House v The King error. A deliberate forensic choice not to deploy available evidence at the original hearing cannot ground a subsequent application to vary the security order on the basis of changed circumstances. The considerations in ss 56-60 of the Civil Procedure Act 2005 (NSW) militate against granting a second application based on evidence available at the time of the first.