Boros v Pages Property Investments Pty Ltd [2021] NSWCA 50

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Boros v Pages Property Investments Pty Ltd [2021] NSWCA 50 Hearing dates: 29 March 2021 Decision date: 01 April 2021 Before: Meagher JA Decision: (1) Order that the reference to order 2 in Order 3 of the Orders Sought in the appellant's notice of appeal be struck out. (2) Direct that any application to be made by the appellant for leave, under Corporations Act 2001 (Cth), s 471B, to proceed against Pages Equipment Holdings Pty Ltd as a respondent to the appeal be filed and served within 14 days. (3) Stay these proceedings until the appellant has (a) provided security for the respondent's costs of the appeal in accordance with Order 4 below and (b) joined Pages Equipment Holdings Pty Ltd as a respondent to the appeal. (4) The appellant provide within 21 days security for the respondent's costs of the appeal in the sum of $60,000, either by payment of that amount into court or in such other form as the appellant and respondent agree before 15 April 2021. (5) The appellant pay the respondent's costs of the notice of motion filed 23 December 2020. Catchwords: APPEALS – incompetence – where relief sought in notice of appeal includes setting aside money judgment against a defendant other than the appellant – where appeal not brought by or on behalf of other defendant – whether to strike out of notice of appeal reference to judgment against other defendant – inherent power to strike out APPEALS – procedure – parties on appeal – where consequential relief in appeal includes setting aside costs orders made against appellant and other defendant jointly and severally – where other defendant not party to the appeal – whether other defendant "directly affected by the relief sought" under Uniform Civil Procedure Rules, r 51.4 APPEALS – procedure – stay of appeal pending satisfaction of judgment and costs orders below – where quantity of costs not agreed or assessed – where judgment and other costs orders the subject of the appeal – whether appeal an abuse of process COSTS – security for costs – on appeal – where appellant impecunious – where evidence suggests order for security would not stultify appeal – whether "special circumstances" within Uniform Civil Procedures Rules, r 51.50 Legislation Cited: Bankruptcy Act 1966 (Cth), s 41(6A) Civil Procedure Act 2005 (NSW), s 67 Corporations Act 2001 (Cth), ss 180, 181, 182, 471B Uniform Civil Procedure Rules 2005 (NSW), rr 12.4, 51.1(3), 51.4, 51.50 Cases Cited: CGU Insurance Ltd v Watson (as trustee of the deed of arrangement in respect of Graves) [2007] NSWCA 301 Corporate Affairs Commission v Solomon [1989] NSWCA 51 Corporations Act 2001 (Cth), s 471B D (pseudonym) v P (pseudonym) [2020] NSWCA 174 Kingsman v Health Administration Corporation [2000] NSWCA 163 Marks-Isaacs v Fowler [2005] NSWCA 37 Mualim v Dzelme [2020] NSWCA 333 Nobarani v Mariconte [2016] NSWCA 214 Pearson v Naydler [1977] 1 WLR 899 Pi v Zhou [2016] NSWCA 148 Pi v Zhou [2017] NSWCA 16 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Ryan v South Sydney Junior Rugby League Club Ltd [1975] 2 NSWLR 660 Starr-Diamond v Diamond [2013] NSWCA 7 Tait v Bindal People [2002] FCA 322 Tenth Vandy Pty Ltd v Natwest Markets Australia Pty Ltd [2010] VSCA 218 Tsu v Nemeth [2012] NSWCA 29 Warner v Frost [1999] FCA 830 Xenos v FAL Healthy Beverages Pty Ltd [2017] NSWCA 240 Category: Procedural rulings Parties: Attila Boros (Appellant) Pages Property Investments Pty Ltd (Respondent) Representation: Counsel: Appellant self-represented R Gration (Respondent)