Liu v Sha [2022] NSWCA 192

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Liu v Sha [2022] NSWCA 192 Hearing dates: 26 September 2022 Date of orders: 26 September 2022 Decision date: 29 September 2022 Before: Kirk JA Decision: 1. The appellant to provide within 14 days security in the sum of $20,000 for the respondent's costs of the appeal by payment of that amount into court. 2. The appeal be stayed until the appellant has complied with order 1 above. 3. The appellant to pay 60% of the respondent's costs of the motion filed on 8 August 2022. Catchwords: COSTS — Security for costs — Relevant factors — Strength of the claim — Degree of unreality about claims in light of undisputed facts — Discretion — Mere non-payment of judgment debt does not indicate stultification of appeal — Lack of evidence of financial position of either party — Order not to be refused purely on the basis that claimant of security may have been well-resourced Legislation Cited: Uniform Civil Procedure Rules, r 51.50 Cases Cited: Brown v King [2022] NSWCA 75 Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 Xenos v FAL Healthy Beverages Pty Ltd [2017] NSWCA 240 Category: Procedural rulings Parties: Hua Liu (Appellant; respondent on the motion)

Yunlong Sha (Respondent; applicant on the motion) Representation: Counsel:

H Zhao (Appellant; respondent on the motion)