Hung v Aquamore Credit Equity Pty Ltd [2022] NSWCA 123

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hung v Aquamore Credit Equity Pty Ltd [2022] NSWCA 123 Hearing dates: 04 July 2022 Decision date: 04 July 2022 Before: Leeming JA Decision: Notice of motion filed 6 May 2022 dismissed with costs. Catchwords: APPEAL – procedure – security for costs – two natural person appellants and one corporate appellant – whether discretion to order security for costs differed between appellants – interests of natural person appellants identical with that of corporate appellant – absence of special circumstances – grossly inflated estimate of respondents' costs – whether, if otherwise a proper case for security, inflated estimate should disentitle Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Corporations Act 2001 (Cth), ss 420A, 1335 UCPR rr 51.28, 51.29, 51.37, 51.50, Cases Cited: Aquamore Credit Equity Pty Ltd v Hung; First on First Development Pty Ltd v Aquamore Credit Equity Pty Ltd [2021] NSWSC 1681 Interwest Ltd v Tricontinental Corporation Limited (1991) 5 ACSR 621 Macedonian Orthodox Community Church St Petka Incorporated v Petar [2012] NSWCA 304 Nicholls v Michael Wilson & Partners Ltd [2010] NSWCA 100 Street v Luna Park Sydney Pty Ltd [2006] NSWSC 1317 Uptown Sydney Development Corporation Pty Ltd v Bank of New Zealand (No 1) (1993) 11 ACSR 300 Zhu v Wang [2021] NSWCA 109 Category: Procedural rulings Parties: Edgar Yan Kai Hung (First Appellant; First Respondent to motion) Trevor David Chappell (Second Appellant; Second respondent to motion) First on First Development Pty Ltd (Third Appellant; Third Respondent to motion) Aquamore Credit Equity Pty Ltd (First Respondent to appeal; First Applicant on motion) Hsu Allen (Second Respondent to appeal; Second Applicant on motion) Zachary Chang (Third Respondent to appeal; Third Applicant on motion) Representation: Counsel: J Hogan-Doran SC; R Sud (Applicants on motion) T D Tzovaras (solicitor) (Respondents on motion)