O and D Pty Limited v Pangalos

O and D Pty Limited (the Applicant) sought leave to appeal against an interlocutory order made by Acting Justice Nield on 13 December 2013, which directed the Applicant to provide security for costs. The underlying dispute involved allegations of breach of contract, specifically concerning a cascading restraint of trade clause.

The primary legal issues before Refshauge J were whether the Applicant should be granted leave to appeal the interlocutory order for security for costs, and whether the prospects of success on appeal were relevant to that determination. Additionally, the court considered the relevance of delay and the prospects of success in the context of applications for security for costs.

Refshauge J granted the Applicant leave to appeal the decision ordering security for costs. The court's reasoning, though not detailed in the provided text, implicitly acknowledged that the Applicant had demonstrated sufficient grounds to warrant an appeal against the interlocutory order. The costs of the application for leave to appeal were to be costs on the appeal itself.