Michael Wilson & Partners, Limited v John Forster Emmott

Michael Wilson & Partners, Limited (the Applicant) sought leave to appeal a decision, and John Forster Emmott (the Respondent) sought security for his costs of that application. The matter came before McHugh JA.

The primary legal issue before the Court was whether the Applicant, a non-resident, should be required to provide security for the Respondent's costs of the application for leave to appeal, given that the Applicant had unpaid costs orders in other proceedings. The Court also considered the quantum of any security to be ordered.

McHugh JA determined that the Applicant should provide security for the Respondent's costs. The Court applied the principles governing security for costs, particularly in circumstances where a party is a non-resident and has outstanding costs orders in other related proceedings. The existence of prior unpaid costs orders was a significant factor in the Court's decision to grant the application for security.

The Court ordered that the Applicant provide security for the Respondent's costs of the application for leave to appeal in the amount of $20,000, to be paid into Court within 14 days. The proceedings were stayed until this security was provided. The Applicant was also ordered to pay the Respondent's costs of the Notice of Motion filed on 18 February 2025, and the proceedings were listed before the Registrar on 31 March 2025.