Goldedge Holdings Pty Ltd v Liquor and Gambling Commissioner & Anor (No 2)

Goldedge Holdings Pty Ltd appealed against a decision of the Chief Justice of the Supreme Court, and the Liquor and Gambling Commissioner and Mallens opposed the extension of time. They also sought security for the costs of the appeal in the event the appellant was unsuccessful. The appellant sought an extension of time to appeal a decision of the Chief Justice of the Supreme Court. The respondents opposed the extension of time and sought security for the costs of the appeal. The court was required to decide whether the appellant would be able to pay costs if unsuccessful and consider the factors leading to the making of an order for security for costs.

The court found that the appellant was able to establish, on the balance of probabilities, that the extension should be granted. The reasons for the delay were largely due to the appellant's former solicitor and counsel, as well as the Christmas holiday period and the appellant's delay in obtaining relevant documents. The court found that the appeal had prospects of success, and there was no significant prejudice to the respondents if the extension was granted. The court ordered that the appellant provide security for the costs of the appeal in the sum of $29,000 (exclusive of GST) to Mallens and $25,000 to the Commissioner.

The final orders of the court were that the appellant's application for an extension of time was allowed, and the respondents' application for security for costs was also allowed. The appellant was ordered to provide security for the costs of the appeal in the specified amounts to Mallens and the Commissioner. The court's decision was based on the evidence presented, the reasons for the delay, the length of the delay, the extent of any prejudice to other parties to the proceedings, and a consideration of whether the appeal had any prospects of success.