Litigation Fund WCX Pty Ltd v Mitchell (No 3)

WCX Pty Ltd (the applicant) sought a review of a decision made by a Judge of Appeal of the Supreme Court of New South Wales. The Judge of Appeal had granted security for costs in favour of the respondents, Mitchell and others. The applicant contended that this decision was erroneous, either involving an error of principle or being plainly wrong.

The central legal issue before the Court of Appeal was whether the Judge of Appeal had erred in principle or made a plainly wrong decision in granting security for costs. Specifically, the applicant challenged the Judge of Appeal's finding that special circumstances were not a prerequisite for ordering security for costs under section 1335 of the *Corporations Act 2001* (Cth).

The Court of Appeal found no error of principle in the Judge of Appeal's decision. It was held that the Judge of Appeal correctly determined that special circumstances were not required under section 1335 of the *Corporations Act 2001* (Cth) when considering an application for security for costs. Consequently, the applicant's application for review was dismissed. The court then made orders regarding the filing of written submissions on the costs of the notice of motion, with the question of costs to be determined on the papers.