Ghosh v Miller [2018] NSWCA 138

[Forgive the audio - this one recorded in the bad old days before Rode came along]

A plaintiff brought a defamation suit. 

The defendants succeeded in having it summarily dismissed at first instance and the Court ordered that no further claim be made on the basis of the publications complained of without leave.  The plaintiff sought leave to appeal (leave being necessary if you’re appealing an interlocutary decision) and got it. The defendants/respondents then sought security for their costs of the appeal.  

Please join me to discuss whether the facts in this case (including the appellant’s/plaintiff’s bankruptcy and a number of outstanding costs orders!) met the “special circumstances” test for granting security for costs on appeal.  

This might all sound a little dense, but we’ll get there I’m sure!