Sagacious Procurement Pty Ltd v Symbion Health Ltd

Sagacious Procurement Pty Ltd sought security for costs of an appeal from Symbion Health Ltd. The application was heard by Mason P in the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether to grant an order for security for the costs of the appeal, specifically in relation to unpaid costs from the first instance proceedings.

Mason P considered the principles governing applications for security for costs, particularly in the context of appeals. His Honour noted that while there is a general entitlement to security for costs where a party is ordinarily resident out of the jurisdiction, or where there is a real risk that the costs order will not be satisfied, the specific circumstances of the case did not warrant the exercise of discretion in favour of the applicant. The Court ultimately dismissed the notice of motion.