DD v PP [2022] NSWCA 98

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: DD v PP [2022] NSWCA 98 Hearing dates: 27 May 2022 Decision date: 27 May 2022 Before: White JA Decision: (1) Order that by 31 August 2022 the appellant give security for the respondent's costs of the appeal in the amount of $32,000 by payment into court or provision of security to the satisfaction of the Registrar. (2) Order that the proceedings in this court be stayed until such security is given. (3) Liberty to the respondent to apply after 31 August 2022 for an order that the appeal be dismissed if the security ordered has not been provided by then. (4) Order pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) that there be no further disclosure of the identity of the respondent and that the proceedings in this Court be known as DD v PP. (5) This order applies to the disclosure of information in the State of New South Wales and operates until further order. (6) These orders are made on the grounds in s 8(1)(a) and (e) of the Court Suppression and Non-publication Orders Act 2010 (NSW). (7) Order that the notice of motion filed on 23 March 2022 be otherwise dismissed. (8) Order that the costs of the notice of motion filed on 23 March 2022 be the respondent's costs in the appeal. Catchwords: COSTS – Security for costs – On appeal – Whether appellant should provide security for the respondent's costs of the appeal – "Special circumstances" – Whether the appeal is reasonably arguable – Whether the appeal might be stifled if an order for security were made. Legislation Cited: Civil Procedure Act 2005 (NSW) s 63 Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8 Crimes Act 1900 (NSW) ss 78Q, 578A Criminal Procedure Act 1986 (NSW) Felons (Civil Proceedings) Act 1981 (NSW) s 4 Interpretation Act 1987 (NSW) Supreme Court Act 1970 (NSW) s 46 Uniform Civil Procedure Rules, r 51.2 Cases Cited: AB v Curry & Anor (No. 3) [2015] NSWSC 1677 Mr D v Ms P [2020] NSWCA 174 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Hamzy v Commissioner of Corrective Services NSW [2022] NSWCA 16 Patsalis v New South Wales (2012) 81 NSWLR 742; [2012] NSWCA 307 Texts Cited: Perry Herzfeld and Thomas Prince Interpretation, (2 ed, 2020 Thomson Reuters) Category: Principal judgment Parties: DD (Appellant/Respondent on Motion) PP (Respondent/Applicant on Motion) Representation: Counsel: Mr Hall (Solicitor) (Appellant/Respondent on Motion) Mr Andrews (Respondent/Applicant on Motion)