Martin v State of New South Wales (No 10)

The applicant, Martin, sought leave to appeal against an order made by the primary judge requiring security for costs. The respondent, the State of New South Wales, had applied for security for costs in proceedings brought by Martin. The primary judge had ordered that Martin provide security for the costs of the proceedings before repleading certain parts of his statement of claim, which had been struck out with leave to replead. The order for security was made on the basis that Martin was acting for the benefit of a third person, and the respondent argued that the security sought was appropriate even if the repleaded claim might not apply to that third person.

The central legal issue before the Court of Appeal was whether the primary judge had erred in ordering security for costs in the circumstances. Specifically, the court considered whether the order for security was appropriate given that the claim was to be repleaded, and whether the basis for the security order, namely that the applicant was acting for the benefit of a third party, was correctly applied. The court also considered the respondent's contention that the security was sought by a party whose decision made the proceedings possible for an ulterior purpose.

Basten JA and Handley AJA granted leave to appeal. The court determined that the costs of the application for leave to appeal should be costs in the appeal itself. The reasoning behind this decision, and the substantive determination of the appeal, are not detailed in the provided text.