Recent Cases

Michael Wilson & Partners Limited v Emmott [2026] NSWCA 8 (10 February 2026) (Adamson JA)


Catchwords:


CIVIL PROCEDURE — dismissal of proceedings — application for dismissal of proceedings on basis of non-payment of security for costs — where security for costs paid at the eleventh hour — whether the Court may still dismiss the proceedings on basis of late payment of security for costs

CIVIL PROCEDURE — stay of proceedings — condition of payment — overturned where party benefitting from stay no longer seeks to rely on the order

CIVIL PROCEDURE — adjournment — application to adjourn hearing of notice of motion

COSTS — interim costs orders — application for costs orders to be paid forthwith — where the Court not persuaded to depart from usual practice

LEGAL PRACTITIONERS — capacity to appear — where no record of solicitor on New South Wales Law Society website — where leave required to appear as a director of a corporation — where no leave sought