Mitchell v Transport for NSW

2 NSWLR 443; [2022] NSWCA 141

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Sources of power to order security
5. › Inherent power
6. › Representative proceedings
7. › Whether inherent power available where UCPR r 42.21 threshold requirements not met
8. › Uniform Civil Procedure Rules 2005 (NSW), r 42.21
9. › Civil Procedure Act 2005 (NSW), s 67
1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Representative proceedings
5. › Litigation funder
6. › Non-disclosure of funder's identity
7. › Whether order for security appropriate where respondent unable to assess funder's financial ability to meet indemnity
1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › Discretionary judgment on practice and procedure
5. › Whether reasonably arguable error identified
6. › House v The King principles

Quick Take

Refusal to disclose the litigation funder's identity in funded representative proceedings may support an order for security for costs under the Court's inherent power, even where the UCPR r 42.21 threshold requirements are not met.