Michael Wilson & Partners Limited v Emmott

[2026] NSWCA 8

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Non-compliance with order for security
4. › Whether proceedings may be dismissed where security paid late but before hearing of dismissal application
5. › Uniform Civil Procedure Rules 2005 (NSW), r 42.21
1. Practice and Procedure
2. › Stay of proceedings
3. › Conditional stay
4. › Revocation of stay where party no longer seeks to rely on it
1. Practice and Procedure
2. › Costs
3. › Interim costs orders
4. › Whether costs should be payable forthwith
5. › Whether indemnity costs appropriate
1. Practice and Procedure
2. › Adjournment
3. › Application to adjourn hearing of notice of motion
4. › Whether adjournment necessary in interests of justice
5. › Civil Procedure Act 2005 (NSW), s 56

Quick Take

Paying security for costs even at the eleventh hour, before the hearing of a dismissal application, will defeat the application, though the paying party may be liable for the costs of the dismissal application.