Khattar v Khattar; Fayad v Khatter [2022] NSWCA 189

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Khattar v Khattar; Fayad v Khatter [2022] NSWCA 189 Hearing dates: 19 September 2022 Date of orders: 21 September 2022 Decision date: 21 September 2022 Before: Gleeson JA Decision: 2022/142224 (1) The appellant to provide within 14 days security in the sum of $35,405 for the respondents' costs of the appeal by payment of that amount into court. (2) The appeal be stayed until the appellant has complied with order 1 above. (3) The appellant to pay the respondents' costs of the motion filed 22 August 2022. (4) Grant liberty to apply on two days' notice in relation to any proposed alternative manner of provision of the security referred to in order 1 above. 2022/144444 (1) The appellant to provide within 14 days security in the sum of $35,405 for the respondents' costs of the appeal by payment of that amount into court. (2) The appeal be stayed until the appellant has complied with order 1 above. (3) The appellant to pay the respondents' costs of the motion filed 22 August 2022. (4) Grant liberty to apply on two days' notice in relation to any proposed alternative manner of provision of the security referred to in order 1 above. Catchwords: COSTS – Security for costs – special circumstances – whether grounds reasonably arguable – whether appellants impecunious – whether attempts at judgment enforcement frustrated by appellants – substantial risk respondents will not recover costs if successful – Uniform Civil Procedure Rules 2005 (NSW), r 51.50 Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Uniform Civil Procedure Rules 2005 (NSW), rr 38.1, 51.50 Cases Cited: Ballard v Brookfield Australia Investments Ltd [2012] NSWCA 434 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Khattar v Hills Shoppingtown Pty Ltd (subject to a deed of company arrangement) [2022] NSWSC 363 Pi v Zhou [2017] NSWCA 16 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 P S Chellaram & Co Ltd v China Ocean Shipping [1991] HCA 36; (1991) 102 ALR 321 Robinson Helicopters Co Inc v McDermott [2016] HCA 22; (2016) 331 ALR 550 Starr-Diamond v Diamond [2013] NSWCA 7 Xenos v FAL Healthy Beverages Pty Ltd [2017] NSWCA 240 Category: Procedural rulings Parties: 2022/142224 Carol Lourdes Khattar (First applicant) Georgia Khattar (Second applicant) Alana Khattar (Third applicant) Joseph Khattar (Respondent)