Pi v Zhou

[2017] NSWCA 16

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Appeals
4. › Special circumstances under UCPR r 51.50
5. › Whether poor prospects of success constitute special circumstances
6. › Whether history of misconceived proceedings relevant
7. › Whether stultification established
8. › Uniform Civil Procedure Rules 2005 (NSW), r 51.50
1. Practice and Procedure
2. › Stay of proceedings
3. › Pending payment of costs orders
4. › Whether stay appropriate where respondent owes applicant more than applicant owes respondent
5. › Whether costs of trial proceedings relevant where appeal pending
6. › Civil Procedure Act 2005 (NSW), s 67
1. Practice and Procedure
2. › Review of single judge of Court of Appeal
3. › Nature of review under s 46(4) Supreme Court Act 1970 (NSW)
4. › Whether review is an appeal or rehearing
5. › Standard of review applicable
6. › Supreme Court Act 1970 (NSW), s 46(4)
1. Appeal
2. › Appellate review of fact-finding
3. › Credit-based findings
4. › Restraints on appellate court in reviewing findings based on credit
5. › Whether findings glaringly improbable or contrary to compelling inferences

Quick Take

An applicant's poor prospects of success on appeal, combined with a history of misconceived proceedings and absence of evidence of stultification, can establish 'special circumstances' warranting security for costs under UCPR r 51.50. A stay of an appeal pending payment of costs of the proceedings below is generally inappropriate where the costs order would be set aside if the appeal succeeded. Where the respondent owes the applicant more than the applicant owes the respondent under separate costs orders, a stay pending payment of the applicant's costs debts is not warranted.