Li v State of New South Wales

The plaintiff, Li, appealed to the Court of Appeal of New South Wales against an order made by the District Court that required security for costs. The defendant, the State of New South Wales, had sought security for costs on the basis that the plaintiff ordinarily resided outside Australia, had no assets within Australia, and was impecunious.

The central legal issue before the Court of Appeal was whether the primary judge had misdirected herself regarding the applicable test for ordering security for costs and, consequently, whether her exercise of discretion had miscarried. This involved considering the relevant provisions of the Uniform Civil Procedure Rules 2005 and the principles governing the award of security for costs, particularly in circumstances where a plaintiff is outside the jurisdiction and lacks financial means.

The Court of Appeal granted leave to appeal and directed that a notice of appeal be filed within fourteen days. However, the appeal was ultimately dismissed. The court found no error in the primary judge's assessment and upheld the original order for security for costs.