Aversa v Litigation Fund WCX Pty Ltd

[2026] NSWCA 2

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Application for leave to appeal
4. › Corporate appellant
5. › Whether special circumstances required
6. › No requirement for special circumstances where application brought under s 1335 of Corporations Act 2001 (Cth)
7. › Corporations Act 2001 (Cth), s 1335
8. › Uniform Civil Procedure Rules 2005 (NSW), r 51.50
1. Practice and Procedure
2. › Security for costs
3. › Quantum
4. › Assessment of appropriate amount
5. › Excessive cost estimates
6. › Discount from solicitor-client to party-party costs
7. › Relevance of limited nature of leave-alone hearing

Quick Take

Personal undertakings by directors are not determinative of security for costs applications, and cost estimates for security must be realistic and reflect the actual nature of the hearing anticipated.