Recent Cases

Mitchell v Transport for NSW [2022] NSWCA 141 (10 August 2022) (Meagher and Mitchelmore JJA)


Catchwords:


APPEALS – leave to appeal from order for security for costs – representative proceedings – where litigation funder agreed to indemnify plaintiffs against adverse costs order and to provide security for costs – where identity of funder not disclosed – where respondent unable to assess funder’s financial ability to meet indemnity – no reasonably arguable error or question of principle

COSTS – security for costs – sources of power to order security – UCPR r 42.21 – inherent power