Ghosh v Miller

Case

[2018] NSWCA 138

22 June 2018


Details
AGLC Case Decision Date
Ghosh v Miller [2018] NSWCA 138 [2018] NSWCA 138 22 June 2018

CaseChat Overview and Summary

In *Ghosh v Miller*, the appellant, an undischarged bankrupt, sought to appeal a decision. The respondents filed a motion seeking security for costs. The appeal had already been granted leave.

The central legal issue before the court was whether special circumstances existed to justify ordering the appellant to provide security for costs, given his status as an undischarged bankrupt.

The court considered the appellant's bankruptcy and the timing of the application for security for costs. It found that the respondents had not established the necessary special circumstances to warrant an order for security for costs against the appellant. Consequently, the court dismissed the respondents' motion. The respondents were ordered to pay the appellant's costs of the motion.
Details

Areas of Law

  • Civil Procedure

  • Insolvency

Legal Concepts

  • Costs

  • Appeal

  • Standing

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

3

Ghosh v Miller (No 2) [2017] NSWSC 791