Land Enviro Corp Pty Ltd (In Liq) v HTT Huntley Heritage Pty Ltd

In *Land Enviro Corp Pty Ltd (In Liq) v HTT Huntley Heritage Pty Ltd*, the New South Wales Court of Appeal considered two notices of motion: one seeking the reinstatement of an appeal (the Reinstatement Application) and another seeking security for the respondents' costs of that appeal (the Security Application). The appellant, Land Enviro Corp Pty Ltd (In Liq), sought to have its appeal reinstated after it had been dismissed.

The primary legal issues before the Court of Appeal were whether the appellant had established sufficient grounds to justify the reinstatement of its appeal, and whether the respondents were entitled to security for their costs of the appeal. The Court also had to determine the appropriate orders to make in relation to these applications, including the allocation of costs.

The Court of Appeal dismissed both the Reinstatement Application and the Security Application, ordering the appellant to pay the respondents' costs of these applications. However, the Court provided a conditional path for the appellant to have these orders set aside. This path required the appellant to pay in full two specified judgments against it within 28 days. If this condition was met, the original orders would be set aside, the Registrar's earlier order would be vacated, and the Reinstatement Application would be dismissed, with the parties bearing their own costs of that application. Crucially, the appellant would then be required to provide security for the respondents' costs of the appeal in the sum of $175,000, with the appeal to be dismissed if this security was not provided. The Security Application would otherwise be dismissed, with the costs of the applicant on that application to be the appellant's costs of the appeal.