Guo v Gao (No 2) [2021] NSWSC 1363

Supreme Court New South Wales

Medium Neutral Citation: Guo v Gao (No 2) [2021] NSWSC 1363 Hearing dates: In Chambers Date of orders: 26 October 2021 Decision date: 26 October 2021 Jurisdiction: Equity Before: Hallen J Decision: The Court orders that: (a) The Defendant's notice of motion for security for costs be dismissed. (b) The Plaintiff's costs of the notice of motion be the Plaintiff's costs in the cause. (c) There be no order as to the Defendant's costs of the notice of motion, to the intent that he bear those costs personally. (d) Stands the matter over for directions on 8 November 2021. Catchwords: CIVIL PROCEDURE – Interlocutory application by way of notice of motion – Claim by Plaintiff, a daughter of the deceased, for a family provision order – Application for security for costs by the Defendant, the spouse of the deceased – The Plaintiff not ordinarily resident in New South Wales but ordinarily resident in China – Plaintiff has no property in New South Wales or elsewhere – Whether competing factors in favour of not granting order for security – Security for costs not ordered Legislation Cited: Succession Act 2006 (NSW) s 57, 59 Uniform Civil Procedure Rule 2005 (NSW) r 42.21(1)(a) Cases Cited: Guo v Gao [2021] NSWSC 1059 Li v State of New South Wales [2013] NSWCA 165 Milosevska v Milosevski [2019] NSWSC 711 Re Estate Condon; Battenberg v Phillips [2017] NSWSC 1813 Singer v Berghouse (1993) 114 ALR 521; [1993] HCA 35 Texts Cited: GE Dal Pont, Law of Costs (4th ed, 2018, LexisNexis Butterworths, Australia) Category: Procedural rulings Parties: Sijia Guo (Plaintiff) Yong Wei Gao (Defendant) Representation: Counsel: T J Morahan (Plaintiff) K Morrissey (Defendant)