Antov v Bokan

In *Antov v Bokan*, the New South Wales Court of Appeal considered applications by the respondent for a stay of the appeal pending payment of unchallenged costs orders and for security for costs. The appellant was a natural person.

The Court was required to determine whether the appeal should be stayed due to the non-payment of costs orders that were not challenged by the appellant. Additionally, the Court had to consider whether special circumstances existed to warrant an order for security for costs against the appellant, and whether the appeal was brought *bona fide*, particularly in light of the respondent's application for an "absurdly high" amount of security.

Leeming JA dismissed the application for a stay, noting that no demand for payment of the costs orders had been shown to have been made. The application for security for costs was also dismissed. His Honour found that the respondent had not established special circumstances justifying an order for security for costs against a natural person, and that the appellant's appeal appeared to be *bona fide*.

The notice of motion filed on 8 January 2019 was dismissed, with costs awarded to the appellant.