Riva NSW Pty Ltd v Mark A Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers [2018] NSWCA 53

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Riva NSW Pty Ltd v Mark A Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers [2018] NSWCA 53 Hearing dates: 19 March 2018 Decision date: 22 March 2018 Before: Simpson JA Decision: (1) Riva NSW Pty Ltd, within twenty-one (21) days of this date, is to provide security for the costs of Mark A Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers in the sum of $70,000, by paying that sum into Court, or, if the parties are able to agree, by way of bank cheque or direct transfer into the trust account of Mark A Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers.

(2) In the event of non-compliance with Order 1, the proceedings be dismissed.

(3) Riva NSW Pty Ltd is to pay Mark A Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers costs of and incidental to this application for security for costs. Catchwords: APPEALS – security for costs – order sought in relation to judicial review proceedings – whether exceptional circumstances Legislation Cited: Corporations Act 2001 (Cth) Legal Profession Act 2004 (NSW) Uniform Civil Procedure Rules 2005 (NSW), Pt 42, Pt 59.11 Cases Cited: Riva NSW Pty Ltd v Fraser and Clancy Lawyers (District Court (NSW), 3 August 2017, unrep) Riva NSW Pty Ltd v Mark A Fraser & Christopher P Clancy t/as Fraser Clancy Lawyers [2014] NSWCA 454 Riva NSW Pty Ltd v Mark A Fraser & Christopher P Clancy t/as Fraser Clancy Lawyers [2014] NSWCA 455 Category: Procedural and other rulings Parties: Riva NSW Pty Ltd (Applicant) Mark A Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: R K Newton (Applicant) P Barham (Respondent)