Tomanovic Multiown Pty Ltd v Interlux Projects Pty Ltd [2022] NSWCA 38

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tomanovic Multiown Pty Ltd v Interlux Projects Pty Ltd [2022] NSWCA 38 Hearing dates: 16 March 2022 Date of orders: 16 March 2022 Decision date: 16 March 2022 Before: Basten JA Decision: (1) Order that the proceedings on the appeal be stayed until the appellant provides security for the legal costs of the first, second and third respondents in an amount of $31,500, such security to be in the form of a bank guarantee to be lodged with the Registrar, or the payment into court of that sum by way of security for the costs of the appeal. (2) Direct that the costs of the motion be the costs of the first, second and third respondents in the appeal. Catchwords: CIVIL PROCEDURE – appeal – security for costs – stay of proceedings pending provision of security – jurisdictional requirement – criteria relevant to exercise of power – corporate trustee appellant – unpaid gross sum costs order – stay not sought Legislation Cited: Corporations Act 2001 (Cth), s 1335 Uniform Civil Procedure Rules 2005 (NSW), r 51.50 Cases Cited: Livingspring Pty Ltd v Kliger Partners (2008) 20 VR 377; [2008] VSCA 93 Pi v Zhou [2017] NSWCA 16 Pioneer Park Pty Ltd (In liq) v Australia and New Zealand Banking Group Ltd [2007] NSWCA 344 Treloar Constructions Pty Ltd v McMillan [2016] NSWCA 302 Xenos v FAL Healthy Beverages Pty Ltd [2017] NSWCA 240 Category: Procedural rulings Parties: Tomanovic Multiown Pty Ltd (Appellant) Interlux Projects Pty Ltd (First Respondent) Daniel Mudri (Second Respondent) Jessica Lauren Mudri (Third Respondent) Miroslav Mudri (Fourth Respondent) Representation: Counsel: Mr P Wallis (Appellant) Mr E Ball / Ms C Nguyen (First to third Respondents)