Save Little Beach Manly Foreshore Incorporated v Manly Council [2013] NSWLEC 155: security for costs

FACTS

Security for costs has arisen as an important issue following recent amendments to legislation and case law involving proceedings brought by public interest groups. In the present case, which was decided on 23 September 2013, Save Little Manly Beach Foreshore Incorporated (Applicant) brought judicial review proceedings against Manly Council (Council) to prevent Council from disposing of its land on the Little Manly Beach foreshore. The Applicant brought the case as a community group concerned with preserving the foreshore for public use and characterised its action as public interest litigation.

The proceedings were commenced on 19 July 2013 and hearing for the matter was set down on 24 and 25 September 2013. In response to the Applicant's refusal to provide security for costs for Council's estimated legal costs of $127,000, the respondent filed a Notice of Motion seeking an order for the Applicant to provide for security for costs under Uniform Civil