Forte Sydney Construction Pty Ltd v N Moit & Sons (NSW) Pty Ltd [2022] NSWCA 79

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Forte Sydney Construction Pty Ltd v N Moit & Sons (NSW) Pty Ltd [2022] NSWCA 79 Hearing dates: 23 May 2022 Date of orders: 31 May 2022 Decision date: 31 May 2022 Before: Macfarlan JA Decision: Respondent's notice of motion dismissed with costs. Catchwords: COSTS – application for security for costs of appeal – respondent did not establish that there is reason to believe that the appellant will be unable to pay the costs of the appeal (see UPCR r 42.21(1)(d) and Corporations Act s 1335(1)) or that the appellant has divested assets with the intention of avoiding the consequences of the proceedings (see UPCR r 42.21(1)(f)) or that any special circumstances exist (UCPR r 51.50) Legislation Cited: Corporations Act 2001 (Cth), s 1335(1) Uniform Civil Procedure Rules 2005 (NSW), rr 42.21(1)(d) and (f), 51.1(4)(a), 51.50 Category: Principal judgment Parties: Forte Sydney Construction Pty Ltd (Appellant) N Moit & Sons (NSW) Pty Ltd (Respondent) Representation: Counsel: A Cameron (Appellant) T Lynch SC (Respondent)

Solicitors: JREA Legal (Appellant) Coleman Greig Lawyers (Respondent) File Number(s): 2022/8762 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: [2021] NSWDC 673 Date of Decision: 14 December 2021 Before: Russell SC DCJ File Number(s): 2019/145109