Starr-Diamond v Diamond

In *Starr-Diamond v Diamond*, the appellant sought to appeal a decision of the court below. The respondent applied for security for the costs of the appeal.

The central legal issue before the Court was whether special circumstances existed to warrant the grant of security for costs. This involved considering the substantial length of the hearing at first instance, the appellant's intention to raise the same legal and factual issues on appeal, the significant estimated costs of the appeal, the appellant's impecuniosity, and the perceived lack of prospects of success of the appeal.

Hoeben JA found that special circumstances did exist. His Honour noted that the appeal sought to agitate the same issues as the original hearing, the estimated costs of the appeal were significant, and the appellant was impecunious, meaning the respondent would likely be unable to enforce a costs order against her. Furthermore, the appeal was considered to have little prospect of success.

Consequently, the Court ordered that the appellant provide security for the costs of the appeal in the amount of $80,000. The appeal proceedings were stayed until this security was provided, and the appellant was ordered to pay the costs of the motion.