Florida Kitchens Pty Ltd v Number One Cutting Service Pty Ltd trading as Number One Marble and Granite

[2020] NSWCA 187

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Dismissal of appeal from order for security for costs
4. › Orders made against sole director and shareholder
5. › No question of principle
6. › Leave refused
1. Practice and Procedure
2. › Security for costs
3. › Appeal from NCAT confined to question of law
4. › Whether proceedings in nature of judicial review insusceptible to security for costs order
5. › Uniform Civil Procedure Rules 2005 (NSW), r 59.11
1. Practice and Procedure
2. › Costs
3. › Third-party costs order
4. › Order against sole director and shareholder as real driving force behind litigation
5. › Indemnity costs

Quick Take

The Court held that appeals from NCAT under s 83 of the Civil and Administrative Tribunal Act 2013 (NSW) are susceptible to security for costs orders, and that characterising such proceedings as judicial review will not avoid this.