Riva NSW Pty Ltd v Mark A Fraser and Christopher P Clancy t/as Fraser Clancy Lawyers

[2018] NSWCA 186

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Court of Appeal
4. › Review of order of single judge of appeal
5. › Application to vary security for costs orders
6. › Whether changed circumstances since making of security orders
7. › Whether time for compliance should be extended
8. › Whether security may be provided by banker's guarantee
9. › Uniform Civil Procedure Rules 2005 (NSW), r 51.58(1)(a)
1. Practice and Procedure
2. › Security for costs
3. › Non-compliance with security for costs order
4. › Automatic dismissal of proceedings
5. › Whether order nunc pro tunc should be made extending time for compliance
6. › Whether failure to seek extension before deadline explained

Quick Take

A party seeking to vary security for costs orders on the basis of changed circumstances must identify a genuine change not apparent at the time of the original hearing, and must explain any failure to seek an extension of time before the compliance deadline expires.