Neale v Ancher Mortlock and Woolley Pty Ltd; Ancher Mortlock and Woolley Pty Ltd v Neale

In the matter of *Neale v Ancher Mortlock and Woolley Pty Ltd; Ancher Mortlock and Woolley Pty Ltd v Neale*, the New South Wales Court of Appeal considered applications by the appellant, Mr Neale, for leave to amend his notice of appeal and by the respondent, Ancher Mortlock and Woolley Pty Ltd, for security for costs.

The primary legal issues before the Court were whether Mr Neale should be granted leave to amend his notice of appeal, and whether, despite admitted impecuniosity, an order for security for costs should be made against him, given that his appeal was arguable.

McColl JA determined that Mr Neale should be granted leave to amend his notice of appeal and to amend the orders sought therein within fourteen days. The Court dismissed the respondent's notice of motion for security for costs, finding that special circumstances did not warrant such an order where the appeal was arguable. The Court ordered that each party bear their own costs of the motions and directed that the application for leave to appeal and the appeal proceed as a concurrent hearing, standing the matter over for directions.