18 Woodville Holding Pty Ltd v Hua Cheng International Holdings Group Pty Ltd [2022] NSWSC 440

Supreme Court New South Wales

Medium Neutral Citation: 18 Woodville Holding Pty Ltd v Hua Cheng International Holdings Group Pty Ltd [2022] NSWSC 440 Hearing dates: 8 April 2022 Decision date: 14 April 2022 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The second and third defendants' notice of motion filed on 30 March 2022 is dismissed with costs; (2) The fourth and fifth defendants' notice of motion filed on 11 March 2022 is dismissed with costs; and (3) The matter is listed for further directions on 22 April 2022. Catchwords: COSTS — Security for costs — Procedure and discretion — Plaintiff has minimal paid-up capital and is a trustee — Has right of indemnity and substantial trust assets — Relevant factors Legislation Cited: Corporations Act 2001 (Cth) Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Laundry Coin-Wash Nominees Pty Ltd v Dunlop Olympic Ltd (1985) ATPR ¶40-584 Second Lenbourne Pty Ltd v Beagle Management Pty Ltd [1999] FCA 486 Transocean Capital Pty Ltd v AFSIG Pty Ltd [2006] NSWSC 806 Category: Procedural rulings Parties: 18 Woodville Holding Pty Ltd (Plaintiff) Hua Cheng International Holdings Group Pty Ltd (First Defendant) Xiuzhen Huang (Second Defendant) Reynold Zhu (Third Defendant) Zhe Tao (Fourth Defendant) Jianmin Tao (Fifth Defendant) Representation: Counsel: J Knackstredt (Plaintiff) L Chan (Second to Fifth Defendants)