Levy v Bablis

The appellant, Levy, sought to discharge a self-executing order of dismissal made by the Court of Appeal of New South Wales, which was contingent upon the failure to provide security for costs by a specified date. Levy also sought to vary the original security for costs order to reduce the sum required. The respondent was Bablis.

The primary legal issue before the Court of Appeal was whether there had been a sufficient change in circumstances since the original security for costs order was made to warrant a review and variation of that order, and consequently, the discharge of the self-executing dismissal order.

The Court of Appeal reasoned that the appellant had not demonstrated any material change in circumstances that would justify varying the original order for security for costs. The Court noted that the appellant's application was essentially a request to re-argue the original application for security, which had already been determined. The Court applied the principle that a party seeking to set aside or vary a judgment or order must demonstrate a significant change in circumstances or that the original order was made in error. In this instance, no such grounds were established.

Consequently, the Court of Appeal dismissed the appellant's amended notice of motion. However, it varied the original order by fixing a new date, 15 May 2012, by which the appellant was to pay $95,000 into Court as security for costs. The appellant was ordered to pay the respondent's costs of the amended notice of motion.