Recent Cases

Litigation Fund WCX Pty Ltd v Darren Mitchell [2025] NSWCA 27 (28 February 2025) (Griffiths AJA)


Catchwords:


COSTS — security for costs — relevant factors — where no evidence of financial capacity — where trust monies used to pay costs of earlier application — whether special circumstances required under s 1335 of the Corporations Act 2001 (Cth)

CIVIL PROCEDURE — stay of proceedings — pending application for leave to appeal — where trust monies used to pay costs of earlier application — whether stay should be conditional on payment into Court of the amount of previous unpaid costs order