Cruden v Sae-Ung [2021] NSWSC 1070

Supreme Court New South Wales

Medium Neutral Citation: Cruden v Sae-Ung [2021] NSWSC 1070 Hearing dates: In Chambers Date of orders: 25 August 2021 Decision date: 25 August 2021 Jurisdiction: Equity Before: Hallen J Decision: Orders that: (a) The Plaintiffs' notice of motion filed 9 June 2021 be dismissed. (b) The Defendants' notice of motion filed 12 May 2021, to the extent that it seeks additional security for costs at this stage, be dismissed. (c) How the burden of the costs of each notice of motion will be dealt with be determined on the adjourned date being 3 September 2021. Catchwords: PRACTICE AND PROCEDURE – Separate determination – Uniform Civil Procedure Rules 2005 (NSW), r 28.2 – Application to consider whether, amongst other things, property falls into the estate of the deceased before other issues, including whether family provision order should be made – Where there are significant disputes of fact – Where credibility is likely to be in issue – Whether making the order would give effect to the just, quick and cheap resolution of issues – No basis on which to alter the general rule that all matters be determined in the one hearing – notice of motion dismissed COSTS — Security for costs — Partial security already provided – Second and third Defendants seek an order that requires the Plaintiffs to increase the amount of the indemnity for costs by an appropriate amount – Order for further security at this stage be dismissed Legislation Cited: Civil Procedure Act 2006 (NSW) ss 56-58 Succession Act 2006 (NSW) ss 60, 87 Uniform Civil Procedure Rules 2005 (NSW) r 6.3, 28.2, 42.21 Cases Cited: Brundza v Robbie and Co (No. 2) (1952) 88 CLR 17; [1952] HCA 49 Combis & Staatz as joint and several liquidators of RB Hospitality Holdings Pty Ltd (in Liquidation) v Lee [2020] NSWSC 960 Crawley v Vero Insurance Ltd & Ors [2012] NSWSC 593 Energy Drilling Inc v Petroz NL & Ors [1989] FCA 184; [1989] ATPR 40-954 Li v State of New South Wales [2013] NSWCA 165 Loretta Craig & Ors v Anthony Johnson & Ors [2020] NSWSC 430 Porter v Aalders Auctioneers and Valuers Pty Ltd and Anor [2011] NSWDC 96 Rogers v Baillieu Bullock Wilkinson Pty Ltd (1981) 28 SASR 594 Singer v Berghouse (1993) 114 ALR 521; [1993] HCA 35 Southwell v Bennett [2010] NSWSC 1372 Stephenson Blake & Co v Grant, Legros & Co (1917) 86 LJ Ch 439 Sydney Local Health District v Macquarie International Health Clinic Pty Ltd [2020] NSWCA 274 Category: Procedural rulings Parties: Pirapon Cruden (first Plaintiff) Nattapon Wongpanich (second Plaintiff)