Guan v Lui

In *Guan v Lui*, the appellant sought to appeal a decision, and the respondent applied for security for costs. The appeal concerned whether special circumstances existed to justify an order for security for costs under rule 51.50 of the Uniform Civil Procedure Rules (UCPR). The appellant, who had no assets in Australia, was able to request funds as needed from her husband in China.

The primary legal issue before the Court of Appeal was whether the appellant's financial position, specifically her lack of assets in Australia coupled with her ability to access funds from her husband in China, constituted "special circumstances" for the purposes of UCPR r 51.50. This rule allows a court to order a party to provide security for the costs of an appeal.

Macfarlan JA found that the appellant's lack of assets in Australia, which would otherwise enable the respondent to recover costs if successful, combined with her ability to obtain funds from her husband in China, did establish special circumstances. The court reasoned that while the appellant could access funds, the absence of readily available assets within the jurisdiction presented a risk to the respondent's ability to recover costs. Consequently, the court ordered the appellant to provide security for the respondent's costs of the appeal in the sum of $20,000, payable by a specified date. The court also granted the respondent leave to apply for dismissal of the appeal if this order was not complied with and ordered the appellant to pay the respondent's costs of the security for costs application.