Yu Xiao v BCEG International (Australia) Pty Ltd

[2022] NSWCA 223

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Security for costs of appeal
3. › Special circumstances
4. › Fraud finding against appellants at first instance not challenged on appeal
5. › Adverse findings as to appellant's conduct during hearing
6. › Encumbering of assets
7. › Uniform Civil Procedure Rules 2005 (NSW), r 51.50

Quick Take

Unchallenged findings of fraud at first instance, combined with evidence of asset encumbrance during proceedings, constitute 'special circumstances' for security for costs on appeal under UCPR r 51.50.