Evans v Cleveland Investment Global Ltd

In the matter of *Evans v Cleveland Investment Global Ltd*, the appellant sought a stay of execution pending an appeal and, in separate proceedings, the respondents sought security for their costs of the appeal. The Court of Appeal of New South Wales was required to determine whether a stay of execution should be granted and whether special circumstances warranted an order for security for costs against the appellant.

The primary legal issues before the Court were whether the appellant had shown sufficient cause to warrant a stay of execution of the primary judgment, and whether the circumstances of the case justified an order for security for costs pursuant to the Uniform Civil Procedure Rules 2005 (NSW).

Leeming JA dismissed the appellant's motion for a stay of execution, finding no cause shown to warrant such relief. On the motion for security for costs, the Court found that special circumstances existed, specifically noting the withdrawal of funds from an account subject to a Mareva order, which the appellant claimed was done to protect the respondents. Consequently, the Court ordered the appellant to provide security for the costs of the first and second respondents in the amount of $15,000 by way of an unconditional bank guarantee within twenty-eight days, and that until such security was given, the proceedings would be stayed. The appellant was also ordered to pay the costs of the respondents in relation to the security for costs motion.