Black Hill Residents Group Inc v Marist Youth Care Ltd [2021] NSWCA 314

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Black Hill Residents Group Inc v Marist Youth Care Ltd [2021] NSWCA 314 Hearing dates: On the papers Decision date: 14 December 2021 Before: White JA Decision: (1) Within 28 days the appellant give security for the first respondent's costs of the appeal in the sum of $70,000 either by payment into court or by provision of security for that sum in a form approved by the registrar. (2) If security for costs is not provided in accordance with order 1 the appeal be dismissed. Catchwords: COSTS — Security for costs — Relevant factors — Impecuniosity — Whether evidence establishes that members of incorporated association do not have means to provide the security sought — Strength of the claim — Where opponent's submissions on appeal fail to grapple with finding central to the determination below Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 Black Hill Residents Group Incorporated v Marist Youth Care Limited (t/a Marist180) (No 5) [2021] NSWLEC 43 Black Hill Residents Group Incorporated – INC1900196 v Marist Youth Care Limited (t/as Marist180) (No 6) [2021] NSWLEC 113 Category: Principal judgment Parties: Black Hill Residents Group Incorporated (Appellant) Marist Youth Care Limited (First Respondent) Minister for Families, Communities and Disability Services (Second Respondent) Representation: Counsel: TS Hale SC with P Hart (Appellant) JL Doyle (First Respondent)