Recent Cases

Forte Sydney Construction Pty Ltd v N Moit & Sons (NSW) Pty Ltd [2022] NSWCA 79 (31 May 2022) (Macfarlan JA)


COSTS – application for security for costs of appeal – respondent did not establish that there is reason to believe that the appellant will be unable to pay the costs of the appeal (see UPCR r 42.21(1)(d) and Corporations Act s 1335(1)) or that the appellant has divested assets with the intention of avoiding the consequences of the proceedings (see UPCR r 42.21(1)(f)) or that any special circumstances exist (UCPR r 51.50)