Ghosh v Miller
Case
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[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.
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
Key Legal Topics
Areas of Law
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Civil Procedure
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Insolvency
Legal Concepts
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Costs
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Appeal
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Standing
Actions
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Citations
Ghosh v Miller [2018] NSWCA 138
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
3
Ghosh v Miller (No 2)
[2017] NSWSC 791
Preston v Harbour Pacific Underwriting Management Pty Ltd
[2007] NSWCA 247
Li v State of New South Wales
[2013] NSWCA 165