H, AW v K, S

In *H, AW v K, S* [2023] SASCA 26, the appellant contested an application by the successful respondent for the payment out of security for costs that had been paid into court. The appellant argued that the security could only be released in satisfaction of the costs order made by the Court of Appeal.

The central legal issue before the Court was whether security for costs paid into court could be paid out to a successful respondent in satisfaction of their costs, or if it was solely to be held pending a final costs order.

Livesey P, allowing the respondent's application, reasoned that security for costs serves as a protection for costs to be incurred and is not a substitute for the right to claim those costs. The Court found that the appellant's opposition to the payment out, in circumstances where the respondent had been successful on appeal, was both unreasonable and without merit. Consequently, the Court ordered the payment out of the security to the respondent and awarded the respondent their costs of the application on an indemnity basis.