Shoal Bay Beach Constructions No 1 Pty Ltd v Mark Hickey & the persons listed in Schedule A to the Notice of Appeal trading as Sparke Helmore [2022] NSWCA 71

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Shoal Bay Beach Constructions No 1 Pty Ltd v Mark Hickey & the persons listed in Schedule A to the Notice of Appeal trading as Sparke Helmore [2022] NSWCA 71 Hearing dates: 2 May 2022 Decision date: 02 May 2022 Before: White JA Decision: 1. Appellant to provide security for costs for the respondents' costs of the appeal in the sum of $45,000, such security to be provided by way of payment into Court or provision of irrevocable bank guarantee(s) issued by an Australian bank in a form acceptable to the defendants. 2. The security in order 1 is to be provided with 7 days. 3. If the appellant fails to provide security in accordance with orders 1 and 2, the proceedings are to be stayed until the appellant provides the security. 4. Appellant to pay the respondents' costs of and incidental to the notice of motion filed 7 March 2022. 5. The Court notes the respondents' undertaking not to prosecute the cross appeal if the appeal is stayed, for the period of such stay, or dismissed on the basis that the appellant has failed to provide security in accordance with order 1 above. 6. The costs of the respondents' notice of motion filed 7 March 2022 be the respondents' costs in the appeal. Catchwords: COSTS — Security for costs — Appellant to provide security for costs Cases Cited: Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey and the persons listed in Schedule A to this Statement of Claim trading as at all material times Sparke Helmore (No 5) [2021] NSWSC 1499 Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey and the persons listed in Schedule A to this Statement of Claim trading as at all material times Sparke Helmore (No 6) [2021] NSWSC 1597 Category: Procedural rulings Parties: Shoal Bay Beach Constructions No 1 Pty Ltd (Appellant/Respondent to Notice of Motion) Mark Hickey & the persons listed in Schedule A to the Notice of Appeal trading as Sparke Helmore (Respondent/Applicant on Notice of Motion) Representation: Counsel: D Weinberger (Appellant/Respondent to Notice of Motion) J Burnett (Respondent/Applicant on Notice of Motion)