Police & Community Youth Clubs NSW Ltd v Refurb Interiors Pty Ltd (in liquidation) [2015] NSWCA 67

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Police & Community Youth Clubs NSW Ltd v Refurb Interiors Pty Ltd (in liquidation) [2015] NSWCA 67 Hearing dates: 10 March 2015 Date of orders: 10 March 2015 Decision date: 24 March 2015 Before: Macfarlan JA; Leeming JA; Sackville AJA Decision: Reasons given for making order on 10 March 2015 dismissing with costs the applicant's application for leave to appeal. Catchwords: PRACTICE AND PROCEDURE – security for costs at first instance – primary judge declined to make security order because its effect would be to stultify the proceedings – opportunity given to plaintiff before being required to give security to obtain evidence in response to defendant's evidence – no error shown Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170 Cornelius v Global Medical Solutions Australia Pty Ltd [2014] NSWCA 65; 98 ACSR 301 In the Will of F B Gilbert (1946) 46 SR(NSW) 318 Category: Principal judgment Parties: Police & Community Youth Clubs NSW Ltd (Applicant) Refurb Interiors Pty Ltd (in liquidation) (Respondent) Representation: Counsel: D S Weinberger (Applicant) S Ghedia (Solicitor) and Submitting Appearance (Respondent)

Solicitors: File Number(s): CA 2014/282735 Decision under appeal Court or tribunal: District Court Jurisdiction: New South Wales Date of Decision: 29 August 2014 Before: Levy DCJ File Number(s): DC 2013/356170