Valmont Interiors Pty Ltd v Giorgio Armani Australia Pty Ltd [2021] NSWCA 90

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Valmont Interiors Pty Ltd v Giorgio Armani Australia Pty Ltd [2021] NSWCA 90 Hearing dates: 26 April 2021 Date of orders: 26 April 2021 Decision date: 17 May 2021 Before: McCallum JA Decision: (1) Pursuant to s 1335(1) of the Corporations Act 2001 (Cth), the appellant is to provide security for the payment of the respondent's costs of the appeal, to be paid in the form of a bank guarantee from an Australian trading bank, or by payment into Court, in favour of the respondent, for an amount of $50,000.00, such bank guarantee (if security is provided by that means) to have no expiry date. (2) Security is to be provided by Friday, 30 April 2021. (3) If security is not provided, that the appeal be stayed. (4) The costs of the respondent's motion be costs in the appeal. Catchwords: COSTS — Security for costs — Quantum and form Legislation Cited: Corporations Act 2001 (Cth), s 1335(1) Uniform Civil Procedure Rules 2005 (NSW), r 51.50 Cases Cited: Treloar v McMillan [2016] NSWCA 302 Category: Costs Parties: Valmont Interiors Pty Ltd (appellant) Giorgio Armani Australia Pty Ltd (respondent) Representation: Counsel: Mr D Moujalli (appellant; respondent on the motion) Mr M Klooster (respondent; applicant on the motion)

Solicitors: EMK Counsel Co (appellant; respondent on the motion) Madison Marcus Lawyers (respondent; applicant on the motion) File Number(s): 2020/00256714 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Citation: [2020] NSWDC 395 Date of Decision: 27 August 2020 Before: Smith SC DCJ File Number(s): 2017/184944