Application for leave to appeal from determination of preliminary questions in building case in County Court by applicant developer
Respondent builder sought order for security for costs
Quick Take
1Where an applicant for leave to appeal is a shell company that has completed its development and filed no evidence of retained assets, the court may be satisfied there is an unacceptable risk it cannot meet an adverse costs order, warranting security for costs.
2The fact that a statutory construction question raises an issue of some general importance does not elevate the dispute to one of such public importance that a successful first-instance respondent should be forced to relitigate without security for costs.
3An active counterclaim by the respondent in the proceeding below does not detract from the appropriateness of security for costs where the applicant seeks to advance a discrete appellate point founding independent causes of action while in a problematic financial position.
