Blue Mirror Pty Ltd v Tan & Tan Australia Pty Ltd (in liq) (No 2)

Blue Mirror Pty Ltd appealed to the Court of Appeal of New South Wales against orders made by the primary judge concerning security for costs. The dispute involved the release of security for costs that had been paid into court and held by a solicitor, following a successful appeal. The core issue was whether this security should be continued pending a potential application for special leave to appeal to the High Court.

The Court of Appeal was required to determine whether the security for costs should be released to the plaintiff, Blue Mirror Pty Ltd, or whether it should be continued pending the expiry of the time for an application for special leave to appeal to the High Court. The court also considered the costs of the appeal itself.

The Court of Appeal reasoned that the time for applying for special leave to appeal to the High Court had expired without an application being made. In the absence of such an application, there was no basis to continue the security for costs. Accordingly, the court ordered that the moneys paid into court as security for costs, along with any accrued interest, be paid out to the plaintiff. Similarly, the sum held by the plaintiff's solicitor as security for costs was ordered to be released to the plaintiff. The court also made orders regarding the costs of the appeal and the costs in the court below between the plaintiff and the fourth and fifth defendants.