Charara v Integrex Pty Limited

The Court of Appeal of New South Wales considered an appeal concerning an application for security for costs. The appellant, Charara, sought leave to appeal a decision of a single judge, and the respondent, Integrex Pty Limited, had applied for security for its costs of that leave application.

The primary legal issue before the Court of Appeal was whether the primary judge had correctly exercised her inherent jurisdiction in ordering security for costs against the appellant. The Court also had to determine the appropriate orders regarding the costs of the application for security and the costs of the motion for review.

The Court of Appeal upheld the primary judge's order for security for costs, finding that it had been correctly exercised. However, the Court varied the costs orders made at first instance. The Court ordered that each party bear its own costs of the application for security for costs and also ordered that each party bear its own costs of the present motion for review. The stay order made by the primary judge was to operate for 14 days from the date of the Court of Appeal's decision.