DD v PP

In DD v PP, the appellant sought to appeal a decision, and the respondent applied for security for their costs of the appeal. The primary issue before the court was whether the appellant should be required to provide security for the respondent's costs, and if so, in what amount.

The court was required to determine whether "special circumstances" existed that warranted an order for security for costs. This involved assessing whether the appeal was reasonably arguable and whether making an order for security might stifle the appeal. The court also considered the application of the Court Suppression and Non-publication Orders Act 2010 (NSW).

The court reasoned that the appellant's financial position, coupled with the nature of the appeal, constituted special circumstances justifying an order for security. The court applied principles relating to the discretion to order security for costs, considering the need to balance the respondent's right to protection against the risk of incurring costs without recourse, against the appellant's right to pursue a potentially arguable appeal. The court also made orders for suppression of the respondent's identity under the Court Suppression and Non-publication Orders Act 2010 (NSW).

The court ordered the appellant to provide security for the respondent's costs of the appeal in the amount of $32,000 by 31 August 2022. The proceedings were stayed until security was given, with liberty for the respondent to apply for dismissal of the appeal if security was not provided. The costs of the notice of motion were made the respondent's costs in the appeal.