Golden Mile Property Investments Pty Ltd (in liquidation) v Cudgegong Australia Pty Ltd

Golden Mile Property Investments Pty Ltd (in liquidation) appealed a decision of the primary judge who found that the appellant did not possess a compensable interest in land acquired by Cudgegong Australia Pty Ltd. Cudgegong Australia Pty Ltd applied for an order for security for costs, seeking an advance payment of compensation under section 68 of the *Land Acquisition (Just Terms Compensation) Act 1991*.

The appeal raised several procedural issues concerning security for costs. The court was required to determine whether the appeal was bona fide and had a reasonable prospect of success. Further, it had to consider whether the appellant's impecuniosity was a consequence of the first respondent's conduct related to the subject of the appeal, and whether an order for security for costs would stifle or prevent the appeal from proceeding. The court also considered whether there were other entities or individuals financially capable of supporting the appeal.

The Court of Appeal dismissed the application for security for costs. The reasoning focused on the assessment of the appeal's prospects of success and the potential impact of a security order on the appellant's ability to pursue its claim. The court found that the circumstances did not warrant the imposition of security for costs. Consequently, the first respondent was ordered to pay the appellant's costs of the application.