El-Hanania v Vella

In *El-Hanania v Vella*, the applicant sought an extension of time to file a summons in proceedings for judicial review. The respondent sought security for costs. The matter came before Gleeson, Payne and McCallum JJA of the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether to grant the applicant an extension of time to commence their judicial review proceedings, which had been filed out of time. A secondary issue was whether the respondent had established exceptional circumstances warranting an order for security for costs.

The Court considered the principles governing extensions of time for judicial review, balancing the applicant's need for access to justice against the respondent's interest in finality and the efficient administration of justice. The Court also examined the criteria for ordering security for costs, particularly in the context of judicial review proceedings. The Court ultimately decided to grant the extension of time, subject to certain conditions.

The Court ordered that, subject to the applicant paying $212,765.37 into Court and providing security for costs in the amount of $35,000 within 28 days, the time for filing the Summons would be extended to 1 April 2019. Otherwise, the respondent's amended notice of motion would be dismissed. Reasons for the decision were reserved, and the proceedings were stood over for directions.