Florida Kitchens Pty Ltd v Number One Cutting Service Pty Ltd trading as Number One Marble and Granite

Florida Kitchens Pty Ltd (the applicant) sought leave to appeal from an order made by the primary judge requiring it to provide security for costs in proceedings brought against Number One Cutting Service Pty Ltd trading as Number One Marble and Granite (the respondent). The primary judge's order was made against Florida Kitchens Pty Ltd as the sole director and shareholder of the respondent.

The central legal issue before the Court of Appeal was whether leave to appeal should be granted. This involved determining whether the appeal raised a question of principle, which is a prerequisite for granting leave to appeal from an interlocutory order in this context.

The Court of Appeal found that the primary judge's order for security for costs was a discretionary decision based on the specific facts of the case. It did not involve the application or development of any novel legal principle. Accordingly, the Court concluded that there was no question of principle raised by the proposed appeal, and therefore, leave to appeal should not be granted.

The summons seeking leave to appeal was dismissed, and Florida Kitchens Pty Ltd was ordered to pay the costs of the respondent.