Ellis v Silver Vision Pty Ltd Trading as Arirang Korean BBQ Restaurant and CafÉ

The applicant, Ellis, brought proceedings against the respondent, Silver Vision Pty Ltd, trading as Arirang Korean BBQ Restaurant and Café, alleging disability discrimination in contravention of the *Disability Discrimination Act 1992* (Cth). The dispute concerned Ellis's alleged inability to access the restaurant's premises and use its goods and services due to his disability. Silver Vision sought security for its costs in the proceedings.

The primary legal issue before the court was whether to grant Silver Vision's application for security for costs. In determining this, the court was required to consider various factors, including the prospects of success of Ellis's claim, the public interest, and the potential prejudice to Ellis if security were ordered. The court also had to assess the financial position of Ellis and the likelihood of him being able to meet any costs order made against him.

Judge Lucev reasoned that while the public interest in upholding anti-discrimination legislation is a relevant consideration, it does not automatically preclude an order for security for costs. The court applied the established principles for granting security for costs, which involve a balancing exercise of the competing interests. His Honour found that Ellis's prospects of success were weak, and that ordering security for costs would not unduly prejudice his ability to pursue the claim, particularly given the availability of legal aid.

Consequently, the court ordered that Ellis provide security for Silver Vision's costs in the sum of $10,000.