Sun Asia Group Pty Ltd ATF Sun Asia Group Trust v Invigor Group Ltd [2021] NSWSC 1082

Supreme Court New South Wales

Medium Neutral Citation: Sun Asia Group Pty Ltd ATF Sun Asia Group Trust v Invigor Group Ltd [2021] NSWSC 1082 Hearing dates: 6 August 2021 Decision date: 26 August 2021 Jurisdiction: Equity Before: Robb J Decision: See pars [150]-[163]. The Court notes that the final determination of the defendants' notices of motion is deferred until after the defendants have served defences. The parties should confer and provide appropriate short minutes of order to give effect to these reasons and deal with the completion of the pleadings. Catchwords: COSTS — Security for costs — Relevant factors — Where there are two groups of defendants — Where each group of defendants sought separate security for costs against the corporate plaintiffs — Where the plaintiffs contended that the applications for security for costs should be dismissed — Where the plaintiffs have filed an amended statement of claim but the defendants have not filed their defences — Where the Court considered various discretionary factors pursuant to UCPR r 42.21(1A) — Where the Court found that it should not determine the applications for security for costs until completion of the pleadings Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bell Wholesale Co Pty Ltd v Gates Export Corporation (1984) 2 FCR 1 Fiduciary Ltd v Morningstar Research Pty Ltd [2004] NSWSC 664; (2004) 208 ALR 564 Heller Factors Pty Ltd v Arnold's Surf Shop Pty Ltd (in liq) (1979) 4 ACLR 492 Live Board Holdings Pty Ltd v Cody Live Pty Ltd [2017] NSWCA 302 Murray John Carter v Ian Mehmet ATF Ian G Mehmet Testamentary Trust [2021] NSWCA 32 Street v Luna Park Sydney Pty Ltd [2006] NSWSC 1317 Willey v Synan (1935) 54 CLR 175 Category: Procedural rulings Parties: Sun Asia Group Pty Ltd ATF Sun Asia Group Trust (first plaintiff/ respondent) Sunasia Farm No 10 Pty Ltd (receivers & managers appointed) (second plaintiff/ respondent) Sun Asia Corporation Pty Ltd (receivers & managers appointed) (third plaintiff/ respondent) Geoffrey Anthony Shannon (fourth plaintiff) Nationlink Solutions Pty Ltd (fifth plaintiff/ respondent) Emerald Affordable Accommodation Pty Ltd (sixth plaintiff/ respondent) Invigor Group Ltd (first defendant/ applicant) Nehoc Investments Pty Ltd (second defendant/ applicant) Gary Michael Cohen (third defendant/ applicant) Gregory Hyam Cohen (fourth defendant/ applicant) Michael Craig Brereton (fifth defendant) Robert William Whitton (sixth defendant) Sean Magnus Wengel (seventh defendant) Marcel Equity Pty Ltd (eighth defendant/ applicant) Representation: Counsel: B K Nolan (first to sixth plaintiffs/ respondents) T Rogan (first, third and eighth defendants/ applicants) M Sheldon (second and fourth defendants/ applicants)