Eco-Pact Pty Ltd v Law Society of New South Wales

Eco-Pact Pty Ltd (the appellant) sought a review of a Registrar's decision that ordered it to provide security for the costs of an appeal brought by the Law Society of New South Wales (the respondent). The core of the dispute concerned whether the appellant's proceedings would be stultified by the security order and whether the review application should be adjourned. A key factor was an undertaking offered by an "alter ego" of the appellant, particularly in circumstances where the appellant's principal was currently in custody for drug-related offences and questions arose about the availability of assets for enforcement.

The court was required to determine whether the Registrar's decision to order security for costs was correct, specifically considering whether the application for review should be adjourned. Central to this was the assessment of whether the appellant had arguable prospects of success on appeal and whether the undertaking provided by the appellant's alter ego was sufficient to mitigate the risk of stultification of the respondent's proceedings. The court also had to consider the implications of the appellant's principal being in custody and the consequent uncertainty regarding the availability of assets for enforcement.

Adamson JA dismissed the notice of motion filed by the appellant on 19 October 2023, ordering the appellant to pay the respondent’s costs of the notice of motion. This outcome indicates that the court found against the appellant's application for review of the Registrar's decision regarding security for costs.