Brown v King

[2022] NSWCA 75

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Security for costs on appeal
5. › Special circumstances
6. › Whether impecuniosity, delinquency and deficiency of appeal constituted special circumstances
7. › Whether discretion should be exercised where order would stultify appeal and irregularity conceded in orders below
8. › Uniform Civil Procedure Rules 2005 (NSW), r 51.50

Quick Take

A conceded irregularity in the orders below may weigh against the exercise of discretion to grant security for costs on appeal even where special circumstances are otherwise established and the appeal has low prospects of success.