Levy v Bablis (No 2)

[2013] NSWCA 100

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Release of security after unsuccessful appeal
5. › Whether security should be paid to successful respondent before costs assessed
6. › Whether security should be released to unsuccessful appellant
1. Practice and Procedure
2. › Confidentiality orders
3. › Discharge of confidentiality order over exhibit
4. › Settlement deed subject to contractual confidentiality
5. › Whether order should be discharged after proceedings concluded
6. › Whether third parties to deed entitled to be heard

Quick Take

Security for costs paid into court by an unsuccessful appellant will be released to the successful respondent before costs are assessed where the appellant does not contend the security exceeds likely recoverable costs and the evidence shows the security is well below total costs incurred. A confidentiality order over a settlement deed will not be discharged after proceedings conclude where the parties to the deed agreed to confidentiality, were not notified of the discharge application, and no good reason for discharge is advanced.