PPK Willoughby Pty Ltd v Baird [2021] NSWCA 212

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: PPK Willoughby Pty Ltd v Baird [2021] NSWCA 212 Hearing dates: 16 August 2021 Date of orders: 16 August 2021 Decision date: 16 August 2021 Before: Brereton JA Decision: 1. Within ten business days, the appellant provide security in a form acceptable to the registrar for the sum of $50,000 as security for the costs of the second to 106th respondents of the appeal. 2. The proceedings be stayed until the security is provided. 3. Liberty to apply in the event that the security is not provided in compliance with these orders. 4. Costs of the application for security be costs in the appeal. Catchwords: COSTS – Security for costs – On appeal – Statutory power under Corporations Act 2001 (Cth) s 1335 – Relevant factors – Where credible evidence that appellant may be unable to pay adverse costs order if unsuccessful – Where appellant did not appear to oppose security – Reductions to excessive proposed quantum – Security for costs ordered Legislation Cited: Corporations Act 2001 (Cth), s 1335 Uniform Civil Procedure Rules 2005 (NSW), r 51.50 Cases Cited: PPK Willoughby Pty Ltd v Baird [2020] NSWSC 1757 Category: Procedural rulings Parties: PPK Willoughby Pty Ltd (Appellant) David Baird & ors (2nd to 106th Respondents/Applicants) Representation: Counsel: T Faulkner SC w J D Williams (Respondents/Applicants)

Solicitors: Gilchrist Connell (Respondents/Applicants) File Number(s): 2020/370174 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2020] NSWSC 1757 Date of Decision: 8 December 2020 Before: Harrison J File Number(s): 2012/163736