Litigation Fund WCX Pty Ltd v Mitchell (No 3)

[2025] NSWCA 67

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Corporate appellant
4. › Whether special circumstances required under s 1335 of the Corporations Act 2001 (Cth)
5. › Relationship between s 1335 and UCPR r 51.50
6. › Whether provisions impose cumulative requirements
7. › Corporations Act 2001 (Cth), s 1335
1. Practice and Procedure
2. › Security for costs
3. › Threshold requirement under s 1335 of the Corporations Act 2001 (Cth)
4. › Whether credible evidence established reason to believe corporation unable to pay costs
5. › Sufficiency of publicly available searches showing no assets
1. Practice and Procedure
2. › Stay of proceedings
3. › Conditions of stay
4. › Whether condition requiring payment into Court of full amount of costs order was appropriate
5. › Where part of costs may have been paid from trust moneys
1. Practice and Procedure
2. › Review of decision of Judge of Appeal
3. › Supreme Court Act 1970 (NSW), s 46(4)
4. › Whether error of principle or decision plainly wrong

Quick Take

Section 1335 of the Corporations Act 2001 (Cth) provides an independent basis for security for costs against a corporate appellant that does not require proof of special circumstances, and the requirements of s 1335 and UCPR r 51.50 are not cumulative.