Elskaf v GIO General Limited [2018] NSWCA 207

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Elskaf v GIO General Limited [2018] NSWCA 207 Hearing dates: 17 September 2018 Date of orders: 17 September 2018 Decision date: 19 September 2018 Before: Sackville AJA Decision: 1. Grant leave to the respondent to amend its notice of motion filed on 4 September 2018 to substitute "Uniform Civil Procedure Rules 2005 (NSW) (UCPR), r 51.50" for "UCPR Rule 42.21". 2. Direct the respondent to file the amended notice of motion within seven days. 3. Order the appellant to provide within fourteen days security in the sum of $15,000 for the respondent's costs of the appeal by payment of that amount into Court or in such form as the appellant and respondent may agree. 4. Stay the proceedings until the appellant has provided security for the respondent's costs of the appeal in accordance with Order 3. 5. The appellant pay the respondent's costs of the amended motion for which leave to file has been granted. Catchwords: PROCEDURE – application for security for costs – no point of principle Legislation Cited: Criminal Assets Recovery Act 1990 (NSW) Supreme Court Rules 1970 (NSW), Part 51, r 16 Cases Cited: Ali Elskaf v GIO General Ltd unrep, District Court, 13 April 2018 New South Wales Crime Commission v Elskaf [2018] NSWSC 259 New South Wales Crime Commissioner v Elskaf [2017] NSWSC 681 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Xenos v FAL Healthy Beverages Ltd [2017] NSWCA 240 Category: Procedural and other rulings Parties: Ali Elskaf (Appellant) GIO General Limited (Respondent) Representation: Counsel: No appearance (Appellant) Mr D Hanna (Respondent, applicant on motion)