Shoal Bay Beach Constructions No 1 Pty Ltd v Mark Hickey and the persons listed in Schedule a to the Notice of Appeal trading as Sparke Helmore

In the matter of *Shoal Bay Beach Constructions No 1 Pty Ltd v Mark Hickey and the persons listed in Schedule a to the Notice of Appeal trading as Sparke Helmore*, the appellant sought to appeal a decision, and the respondents applied for security for costs. The dispute concerned the respondents' application for an order that the appellant provide security for their costs of the appeal. The case was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the appellant should be ordered to provide security for the respondents' costs of the appeal. This involved considering the circumstances of the appellant and the potential risk to the respondents in pursuing the appeal.

The Court of Appeal, applying principles relating to security for costs, ordered the appellant to provide security in the sum of $45,000. This security was to be provided by way of payment into Court or an irrevocable bank guarantee from an Australian bank, in a form acceptable to the respondents. The Court stipulated that this security must be provided within seven days. In the event of non-compliance, the proceedings would be stayed until the security was furnished. The appellant was also ordered to pay the respondents' costs of the notice of motion filed on 7 March 2022. The Court also noted an undertaking by the respondents not to prosecute their cross-appeal during any stay of the appeal or if the appeal was dismissed due to the appellant's failure to provide security. The costs of the respondents' notice of motion were to be the respondents' costs in the appeal.