Save Little Beach Manly Foreshore Incorporated v Manly Council [2013] NSWLEC 155

COSTS - security for costs - respondent moves for security for costs on eve of hearing of judicial review proceedings - motion dismissed for three reasons - first, Court has no power to order security for costs in judicial review proceedings except in exceptional circumstances and there are no exceptional circumstances - secondly, the proceedings were brought in the public interest - thirdly and alternatively, costs should be refused in the general discretion of the Court, having regard in particular to the fact that the proceedings involve a matter of public importance, the timing of motion and whether an order for security would stifle the proceedings.