FPM Constructions Pty Ltd v Council of the City of Blue Mountains

The dispute in *FPM Constructions Pty Ltd v Council of the City of Blue Mountains* concerned an application for security for costs brought by the Council of the City of Blue Mountains against FPM Constructions Pty Ltd. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether FPM Constructions Pty Ltd should be ordered to provide security for the Council's costs of the appeal. The Court was required to consider the circumstances of the case in determining whether to exercise its discretion to order security for costs.

In dismissing the Council's application, Handley JA found that there was no question of principle involved that would warrant an order for security for costs. The Court's decision was based on the specific facts and circumstances presented, and it was determined that the threshold for ordering security had not been met.

The notice of motion seeking security for costs was dismissed, with FPM Constructions Pty Ltd to pay the Council's costs of the motion.