Riva NSW Pty Ltd v Mark a Fraser and Christopher P Clancy t/as Fraser Clancy Lawyers

Riva NSW Pty Ltd (the appellant) sought a variation of orders made by a single judge of the Court of Appeal concerning security for the costs of Fraser Clancy Lawyers (the respondents) in earlier judicial review proceedings. The appellant contended that changed circumstances had arisen since the original security for costs orders were made, justifying the requested variation. The matter came before Gleeson and Leeming JJA and Emmett AJA.

The central legal issue before the Court of Appeal was whether the appellant had demonstrated sufficient changed circumstances to warrant a variation of the existing security for costs orders. This required the Court to assess the evidence presented by the appellant regarding the alleged changes and determine if they materially altered the basis upon which the original orders were made.

The Court dismissed the appellant's application, finding that no material change in circumstances had been established. The Court applied the principles governing applications to vary security for costs orders, which typically require a significant and relevant alteration in the factual matrix since the original order. Having found no such alteration, the Court upheld the existing orders. Consequently, the appellant's notice of motion was dismissed with costs, and the 2017 Judicial Review Proceedings were confirmed as dismissed in accordance with the prior orders of Simpson JA.