Aurora Australasia Pty Ltd v Hunt Prosperity Pty Ltd

Aurora Australasia Pty Ltd (the applicant) sought to appeal a decision of the primary judge. Hunt Prosperity Pty Ltd and others (the respondents) applied for security for the costs of the appeal. The matter came before Basten AJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether there were special circumstances justifying an order for security for the costs of the appeal, given the applicant's financial position. The Court was required to consider the principles governing the exercise of discretion in granting security for costs, particularly in the context of an appeal.

Basten AJA dismissed the respondents' application for security for costs. His Honour found that the circumstances presented did not meet the threshold for ordering security for costs. The Court ordered that the costs of the motion be costs in the appeal, meaning their determination would be made at the conclusion of the substantive appeal.