Saberi v Bakhshizadeh

[2022] NSWCA 142

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Plaintiff ordinarily resident outside Australia
5. › Dismissal of proceedings for non-provision of security
6. › Whether leave to appeal should be granted
7. › Uniform Civil Procedure Rules 2005 (NSW), r 42.21(1)(a)
1. Appeal
2. › Leave to appeal
3. › Interlocutory decisions
4. › Whether arguable prospects of success
5. › Whether issue of principle, question of public importance, or reasonably clear injustice identified

Quick Take

This case is a routine application of established principles and does not change the law; it illustrates the difficulty of obtaining leave to appeal from security for costs orders where the applicant is ordinarily resident outside Australia.