Kordovoulos v Dixon-Hughes

In *Kordovoulos v Dixon-Hughes*, the appellants sought to appeal a decision, but the first respondent applied for security for costs. The appeal concerned the representation of a deceased estate, where probate had not yet been applied for, and the sole beneficiary under the will was acting to represent the estate. The court was required to determine whether the sole beneficiary was an appropriate person to represent the estate in the appeal, and whether special circumstances existed to warrant an order for security for costs against the individual appellants.

The court found that it was appropriate for the sole beneficiary to represent the deceased estate in the appeal, given that probate had not yet been obtained and the beneficiary's interest aligned with that of the estate. Regarding the security for costs application, the court determined that special circumstances did exist, justifying the grant of security. The court reasoned that the appellants' financial position and the potential for them to be unable to meet the respondents' costs if the appeal were unsuccessful constituted such special circumstances.

Consequently, the court ordered that the appellants provide security for the first respondent's costs of the appeal in the sum of $25,000 within 14 days, either by payment into court or by agreement with the respondents. The proceedings were stayed until this security was provided. The appellants were also ordered to pay the respondents' costs of the application for security for costs, and the proceedings were listed for directions before the Registrar.