Chen v State of New South Wales

In the Supreme Court of New South Wales, the plaintiffs, Chen and others, sought to appeal a decision against the State of New South Wales. The core of the dispute concerned the competency of the plaintiffs' appeal, particularly whether it was an appeal as of right or required leave, given the monetary value at issue and the fact that multiple plaintiffs were involved in a single proceeding. The State also sought security for costs.

The primary legal issues before the Court were whether the appeal was competent as of right, or if leave to appeal was necessary, and whether the plaintiffs should be ordered to provide security for the costs of the appeal. The Court was required to consider the provisions governing appeals as of right and the circumstances under which security for costs might be granted, even where an application for security had previously been refused.

Leeming JA determined that the appeal was not an appeal as of right and therefore required leave. The Court dismissed the State's application for security for costs, noting that while the plaintiffs were impecunious, the matter raised questions of general importance and that the State's earlier application for security had been refused. The Court extended the time for filing the notice of motion regarding competency and directed that the summons for leave to appeal and the notice of appeal be heard concurrently.