Mr D v Ms P

This matter concerned an appeal by Mr D against Ms P. Mr D sought leave to proceed with his appeal under the *Felons (Civil Proceedings) Act 1981* (NSW) and also sought security for Ms P's costs of the appeal. Mr D was incarcerated and had been the defendant at first instance.

The Court was required to determine two primary legal issues. First, whether Mr D had established a prima facie ground for his appeal, thereby satisfying the criteria for granting leave under the *Felons (Civil Proceedings) Act 1981* (NSW). Second, whether special circumstances existed to warrant ordering security for Ms P's costs of the appeal, given Mr D's incarceration and the fact that he would remain liable to Ms P for a significant sum regardless of the appeal's outcome.

Bell P granted leave to Mr D to institute appeal proceedings nunc pro tunc, finding that he had established a prima facie ground for the appeal. However, the Court also ordered Mr D to provide security for Ms P's costs in the sum of $25,000, payable in two tranches, or by way of an agreed alternative. This decision was made on the basis that Mr D's incarceration and the existing liability constituted special circumstances justifying the security order. The proceedings were listed for directions, with a potential dismissal order if the first tranche of security was not provided. Mr D was ordered to pay Ms P's costs of the motion for security for costs.