Zong v Wang

In *Zong v Wang*, the appellant, Zong, sought to appeal a decision of the primary court. The respondents, Wang and others, applied for an order that the appellant provide security for their costs of the appeal. The application was made under rule 51.50 of the Uniform Civil Procedure Rules (UCPR).

The central legal issue before the Court of Appeal was whether there were special circumstances justifying an order for security for costs against the appellant. The respondents contended that such circumstances existed due to the appellant's alleged non-compliance with curial procedure.

Emmett AJA found that special circumstances did exist, warranting the provision of security for costs. The Court ordered that the appellant provide security for the respondents' costs in the sum of $50,000, to be furnished in the form of a bank guarantee or other form acceptable to the Registrar. The appeal was stayed pending the provision of this security. If the security was not provided within 28 days, the appeal would be permanently stayed, and the appellant would be ordered to pay the respondents' costs. The costs of the application for security were to be treated as the parties' costs of the appeal.