Carter v Mehmet (No 2)

[2021] NSWCA 333

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Release of security paid into court
5. › Where appeal allowed and costs ordered in favour of party who provided security
6. › Whether successful party entitled to return of security
7. › Uniform Civil Procedure Rules 2005 (NSW), r 41.3

Quick Take

Confirms that a successful appellant who provided security for costs is entitled to immediate release of the security, and that the prospect of a High Court appeal does not delay that entitlement.