Recent Cases

Nadeem v Bindaree Food Group Pty Ltd [2023] NSWCA 250 (23 October 2023) (Leeming and Adamson JJA)


LEAVE TO APPEAL — appeal against order for security for costs — discretionary matter of practice and procedure at interlocutory level — whether discretion miscarried — whether substantial risk of injustice to applicant if the Court were not to intervene — hearing of appeal directed by Chief Justice pursuant to s 46A(2) of Supreme Court Act 1970 (NSW)

APPEAL — PRACTICE AND PROCEDURE — applicant brought claim in negligence in District Court for injury sustained while working for respondent on temporary work visa — applicant ordinarily resident in Fiji — order for security for costs made pursuant to s 42.21(1)(a) of Uniform Civil Procedure Rules 2005 (NSW) — impecuniosity of plaintiff — whether primary judge considered ease with which judgments of District Court could be enforced in Fiji — whether primary judge factored finding into assessment of whether security for costs ought be ordered — order should reflect differential cost of enforcement in Fiji