SSABR Pty Ltd v AMA Group Ltd

In the appeal before Payne JA of the Court of Appeal of the Supreme Court of New South Wales, SSABR Pty Ltd (appellants) sought to challenge a decision concerning security for costs. The dispute between SSABR Pty Ltd and AMA Group Ltd (respondents) was not about whether security for costs should be ordered, but rather the quantum of that security. The parties had agreed that an order for security for costs should be made, but they held competing estimates for the appropriate amount.

The central legal issue before the court was to determine the quantum of security for costs to be provided by the appellants. This involved considering whether the security should encompass costs related to a notice of contention and past costs. A further question arose as to whether the estimate provided by a professional costs assessor should be preferred over the estimate provided by the solicitors for the respondents.

Payne JA determined that security for costs should be ordered in the sum of $80,000. The reasoning involved weighing the competing estimates and considering the scope of the security sought. The court ordered that the appellants provide this security by 4pm on 14 May 2024, either by payment into court or by providing security in a form acceptable to the Registrar of the Court of Appeal. A directions hearing was scheduled for 16 May 2024, which would be vacated if the security was lodged as ordered.