Zong v Wang [2021] NSWCA 214

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Zong v Wang [2021] NSWCA 214 Hearing dates: 24 August 2021 Date of orders: 14 September 2021 Decision date: 14 September 2021 Before: Emmett AJA Decision: Order that: 1. The First Respondent provide security for costs in the sum of $50,000 in the form of a bank guarantee or other form acceptable to the Registrar. 2. The appeal be stayed until security is provided in accordance with Order 1. 3. If security is not provided in accordance with Order 1 within 28 days of these orders, the appeal be permanently stayed and the appellant pay the respondents' costs. 4. The costs of the application for security be the parties' costs of the appeal. Catchwords: COSTS — security for costs — on appeal — application under UCPR r 51.50 — special circumstances — non-compliance with curial procedure — application granted Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law, s 18 Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW), rr 42.21, 51.50 Cases Cited: Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594; [1990] HCA 17 Merrag Pty Ltd v Khoury [2008] NSWSC 1286 Piras v Egan [2007] NSWCA 26 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Williams v Pisano [2015] NSWCA 177 Texts Cited: Nil Category: Procedural rulings Parties: Jason Zong (First Appellant, First Respondent on the Motion) Australian Yacht Club Pty Ltd (Second Appellant, Second Respondent on the Motion) Zhengshun Wang (Respondent, Applicant on the Motion) Representation: Counsel: N Furlan (Applicant on the motion) M Young SC (Respondents on the motion)