Snedden v Nationwide News Pty Limited (No 2)

In *Snedden v Nationwide News Pty Limited (No 2)*, the appellant, Snedden, sought to appeal a decision, while the respondent, Nationwide News Pty Limited, applied for security for its costs of the appeal. The matter came before Hodgson JA of the Supreme Court of New South Wales.

The primary legal issue before the court was whether there were special circumstances justifying an order for security for costs against the appellant. This involved considering the appellant's financial position and the overall merits of the appeal.

Hodgson JA reasoned that the appellant's impecuniosity, coupled with a lack of apparent merit in the proposed appeal, constituted special circumstances warranting an order for security for costs. The court applied the principles governing applications for security for costs, which require a demonstration of special circumstances beyond mere impecuniosity to justify such an order, particularly when the appeal has arguable merit. However, in this instance, the court found the appeal to be without merit.

The court ordered the appellant to provide security for the respondent's costs of the appeal in the sum of $40,000 within 28 days, and that the appeal be stayed until this security was provided. The appellant was also ordered to pay the respondent's costs of the notice of motion concerning security for costs. A second, separate notice of motion for security for costs was dismissed.