CBX2 Pty Limited v National Australia Bank Limited

CBX2 Pty Limited (the applicant) sought leave to appeal from a decision of a single judge of the Supreme Court of New South Wales, who had reviewed a decision of an Associate Judge concerning an application for security for costs. The dispute centred on whether the primary judge had erred in disturbing the factual findings made by the Associate Judge.

The Court of Appeal was required to determine two principal issues: first, whether the primary judge had erred in disturbing the factual findings of the Associate Judge, and second, whether leave to appeal should be granted.

Ward JA and Sackville AJA dismissed the application for leave to appeal. The court found no error in the primary judge's approach to reviewing the Associate Judge's decision, nor were there sufficient grounds to grant leave to appeal. Consequently, the applicant was ordered to pay the respondent's costs of the application for leave to appeal.