PPK Willoughby Pty Ltd v Baird

[2019] NSWCA 48

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Discretionary factors
4. › Delay in bringing application
5. › Whether delay that has not caused prejudice can be treated as irrelevant
6. › Whether delay is invariably a relevant discretionary factor
7. › Uniform Civil Procedure Rules 2005 (NSW), r 42.21
1. Practice and Procedure
2. › Security for costs
3. › Prejudice from delay
4. › Whether incurring of legal costs generates presumption of prejudice
5. › Effect of Green v CGU Insurance Ltd [2008] NSWCA 148
1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › Security for costs
5. › Standard of appellate review of discretionary decisions on practice and procedure
6. › Whether issue of principle, question of public importance or reasonably clear injustice demonstrated

Quick Take

Practitioners resisting security for costs applications on the basis of delay should note that delay is always relevant but its weight varies; the mere incurring of legal costs during the period of delay does not establish prejudice, and Green v CGU Insurance Ltd does not create a presumption of prejudice.