Ballard v Brookfield Australia Investments Ltd

The appeal concerned an application by the appellant, Ballard, to set aside earlier orders for security for costs made in December 2012, on the basis of a change in circumstances. The respondents sought summary dismissal of the proceedings due to Ballard's non-compliance with those security for costs orders. The matter was heard by Ward JA.

The primary legal issues before the Court were whether there had been a sufficient change in circumstances to warrant setting aside the existing security for costs orders, and whether the respondents were entitled to summary dismissal of the proceedings for failure to comply with those orders.

Ward JA dismissed Ballard's application to set aside the security for costs orders, finding no sufficient change in circumstances to justify such a variation. Consequently, the Court granted the respondents' applications for summary dismissal of the proceedings. The appeal was dismissed, and Ballard was ordered to pay the respondents' costs.