T & H Pty Ltd v Nguyen

[2022] NSWCA 180

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Further security for costs
4. › Material change in circumstances
5. › Referee's report rejecting plaintiff's claims
6. › Whether stultification of proceedings determinative
7. › Uniform Civil Procedure Rules 2005 (NSW), r 42.21
1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › Practice and procedure decisions
5. › Particular caution required
6. › Whether reasonably clear injustice established
7. › District Court Act 1973 (NSW), s 127(2)(a)
1. Appeal
2. › Standard of appellate review
3. › Discretionary decisions
4. › House v The King error required
5. › Whether primary judge's exercise of discretion was unreasonable or plainly unjust

Quick Take

This case confirms that leave to appeal from security for costs orders requires particular caution and that stultification, while a powerful factor, is not determinative where a referee has found against the applicant.