Elskaf v GIO General Limited

In the matter of *Elskaf v GIO General Limited*, the appellant, Elskaf, sought to appeal a decision, and the respondent, GIO General Limited, applied for security for its costs of the appeal. The proceedings were before the Court of Appeal of New South Wales, with Sackville AJA presiding.

The central legal issue before the Court was whether to grant the respondent's application for security for costs of the appeal. This involved determining the appropriate rule under which the application should be made and the quantum of security to be ordered, given the circumstances of the appeal.

Sackville AJA reasoned that the respondent's application for security for costs was properly brought under rule 51.50 of the *Uniform Civil Procedure Rules 2005* (NSW), which governs security for costs in appeals. The Court granted leave to the respondent to amend its notice of motion to reflect this rule. In determining the quantum of security, the Court considered the likely costs of the appeal and ordered the appellant to provide security in the sum of $15,000. The Court also stayed the appeal proceedings until the security was provided and ordered the appellant to pay the respondent's costs of the motion.