Hussain v Ngep (No 3)

This matter concerned an appeal from an order made by Robinson AJ requiring the appellants to provide security for costs. The primary dispute involved an application to strike out the appellants' proceedings due to their failure to comply with the earlier order for security for costs. The appeal was heard by Murrell CJ in the Supreme Court of New South Wales.

The central legal issue before Murrell CJ was whether the order striking out the appellants' proceedings for non-payment of security for costs was appropriate, or if the court should have granted an extension of time for the appellants to comply with the security order. This required consideration of the principles governing the grant of security for costs and the circumstances under which a party may be relieved from the consequences of non-compliance.

Murrell CJ reasoned that the appellants had not demonstrated sufficient grounds to warrant an extension of time for compliance with the security for costs order. The court applied the principles that security for costs is a mechanism to protect respondents from the risk of an impecunious appellant being unable to pay costs if unsuccessful, and that orders for security must generally be complied with. In the absence of compelling reasons, such as a genuine inability to comply coupled with a strong prospect of success in the substantive proceedings, an extension would not be granted.

The appeal was dismissed. All matters were to be listed before Robinson AJ on 24 September 2015, with the appellants to be notified of this listing by registered post.