Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27:

1. By notice of motion filed on 28 November 2024, the respondent in the appeal seeks security for costs.

2. The appeal is listed to be heard on 15 August 2025. The contest between the parties relates not to the question whether there should be an order for security but rather relates to the form that it should take.

3. For the following reasons, the appellants should pay security for costs in three tranches in the total amount of $60,000.

Background

4. The appeal relates to a judgment by Cavanagh J in Victorian X-Ray Group Pty Ltd v Malouf t/a Malouf Solicitors (No 3) [2024] NSWSC 888. By orders dated 23 July 2024, judgment was given to the then defendant and the then plaintiffs were ordered to pay the defendant's costs of the trial. According to an affidavit dated 28 November 2024 by the respondent's solicitor, Mr John Coorey, those costs are estimated to be $750,000 (excluding GST). The costs have not yet been assessed, nor paid.

5. On 16 August 2024, the respondents to the present motion filed a notice of intention to appeal, which was followed by a notice of appeal filed 22 October 2024. An amended notice of appeal was filed on 20 May 2025. It raises multiple grounds of appeal, not only in respect of the primary judge's orders dated 23 July 2024, but also a subsequent order dated 14 April 2025, in which the primary judge dismissed the then plaintiffs' application to vary the costs order relating to the trial (see Victorian X-Ray Group Pty Ltd v Malouf t/a Malouf Solicitors (No 4) [2025] NSWSC 353). The hearing of the notice of motion filed 28 November 2024 was deferred pending finalisation of the application below to vary the costs order. On 28 April 2025, the Registrar made orders setting down the appeal for hearing commencing 15 August 2025 and directing the parties to file and serve submissions and evidence in respect of the security for costs motion by 23 May 2025.

6. Presumably in response to those directions, the parties filed various affidavits. The applicant on the motion filed Mr Coorey's affidavit referred to above, as well as an updated outline of written submissions filed 23 May 2025.

7. The respondents to the motion filed updated submissions on 23 May 2025, and also relied upon two affidavits, dated 13 December 2024 and 23 May 2025, by their instructing solicitor, Ms Jane Button.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1970f4a4cc2488b0566c7e86)

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