Victorian Xray Group (Dandenong) Pty Ltd v Malouf trading as Malouf Solicitors

In *Victorian Xray Group (Dandenong) Pty Ltd v Malouf trading as Malouf Solicitors*, the New South Wales Court of Appeal considered an application for security for costs pending an appeal. The respondent sought security for its costs of the appeal, and the appellants sought to provide an additional undertaking.

The primary legal issue before the Court was whether the appellants should be afforded an opportunity to file further evidence in support of their proposed undertaking, in circumstances where there was no dispute that security for costs should be ordered.

Griffiths AJA determined that the appellants should be permitted to provide further evidence regarding their undertaking. The Court ordered the appellants to provide security for the respondent's costs of the appeal in three instalments, totalling $60,000, by specific dates. The proceedings were stayed until the first instalment was provided. The respondent's application for dismissal of the appeal for failure to provide security was adjourned, with leave granted to approach the Registrar for directions for an urgent hearing if the appellants failed to make the ordered payments. The appellants were ordered to pay the respondent's costs of the motion for security for costs.