Litigation Fund WCX Pty Ltd v Darren Mitchell

[2025] NSWCA 27

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Security for costs
3. › Corporate applicant
4. › Whether special circumstances required under s 1335 of the Corporations Act 2001 (Cth)
5. › Relevant factors
6. › No evidence of financial capacity
7. › Trust monies used to pay costs of earlier application
8. › Corporations Act 2001 (Cth), s 1335
1. Practice and Procedure
2. › Stay of proceedings
3. › Pending application for leave to appeal
4. › Conditional stay
5. › Whether stay should be conditional on payment into court of amount of previous unpaid costs order
6. › Trust monies used to pay costs of earlier application

Quick Take

Where a corporation is the sole applicant in appeal proceedings, security for costs under s 1335 of the Corporations Act 2001 (Cth) does not require proof of 'special circumstances', unlike applications under r 51.50 of the UCPR.