Levy v Bablis

[2012] NSWCA 77

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Variation of security for costs order
4. › Whether material change of circumstances since original order
5. › Whether failure to put best case forward at first hearing constitutes changed circumstances
1. Practice and Procedure
2. › Security for costs
3. › Interlocutory orders
4. › Power of single judge to vary order of another single judge of Court of Appeal
5. › Whether single judge has jurisdiction to set aside or negate order of coordinate judge
6. › Supreme Court Act 1970 (NSW), s 46
7. › Uniform Civil Procedure Rules 2005 (NSW), Pt 51.58
1. Practice and Procedure
2. › Security for costs
3. › Stultification of appeal
4. › Obligation of applicant to demonstrate complete candour in disclosing financial circumstances
5. › Whether order would stifle appeal with some prospects of success
1. Practice and Procedure
2. › Interlocutory orders
3. › Variation
4. › Requirement of material change of circumstances
5. › Whether failure to adduce available evidence at first hearing constitutes changed circumstances

Quick Take

A party seeking to vary a security for costs order must demonstrate a material change of circumstances since the original order. Failure to put all relevant material before the court at the original hearing does not constitute a changed circumstance — a litigant is expected to present all relevant material at the first hearing. A single judge of the Court of Appeal cannot set aside or effectively negate an interlocutory order made by another single judge; such review requires the Full Court.