Preston v Harbour Pacific Underwriting Management Pty Ltd

In *Preston v Harbour Pacific Underwriting Management Pty Ltd*, the claimant appealed to the Supreme Court of New South Wales against orders made by a Registrar concerning security for costs. The appeal concerned the interpretation of rules governing reviews of Registrar's decisions and the circumstances under which security for costs could be ordered.

The primary legal issues before the Court of Appeal were whether the Supreme Court had jurisdiction to review the Registrar's decision under section 46(4) of the *Supreme Court Act 1970* and Rule 61.3 of the *Supreme Court Rules*, and what constituted "special circumstances" for the purpose of varying or setting aside an order for security for costs under Rule 51.16. The claimant also sought to introduce fresh evidence on appeal.

The Court of Appeal held that the term "review" in Rule 61.3 did not permit a full rehearing of the application before the Registrar, but rather a review of the Registrar's decision based on the material before the Registrar at the time of the original decision. The Court further found that the claimant had not demonstrated any "special circumstances" that would warrant varying or setting aside the Registrar's order for security for costs, nor had the claimant established that the Registrar erred in principle or fact. The application to introduce fresh evidence was also refused.

Consequently, the motion to review the orders of Registrar Schell made on 31 May 2007 was refused, and the claimant was ordered to pay the opponents' costs of the motion.