Yu Xiao v BCEG International (Australia) Pty Ltd [2022] NSWCA 223

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Yu Xiao v BCEG International (Australia) Pty Ltd [2022] NSWCA 223 Hearing dates: 31 October 2022 Date of orders: 3 November 2022 Decision date: 03 November 2022 Before: Macfarlan JA Decision: (1) Order pursuant to r 51.50(1) of the UCPR that the appellants within 14 days, or such longer period as the Registrar may allow, provide security for the respondent's costs of the appeal in the amount of $120,000 by payment of that sum into Court, or in such other manner as the Registrar approves. (2) Order the appellants to pay the respondent's costs of its notice of motion filed on 20 October 2022. Catchwords: APPEAL – security for costs of appeal – UCPR r 51.50 – "special circumstances" found to exist – fraud finding against appellants at first instance not challenged on appeal – adverse findings at first instance in relation to appellant's conduct during hearing Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 51.50 Cases Cited: Barrett Property Group Ltd v Metricon Homes Pty Ltd (No 2) [2007] FCA 1823 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Swift v McLeary [2013] NSWCA 173 Zong v Wang [2021] NSWCA 214 Category: Procedural rulings Parties: BCEG International (Australia) Pty Ltd (Applicant on motion/ Respondent on appeal) Yu Xiao (Respondent on motion / First appellant on appeal) Yan Ying Chen (Respondent on motion / Second appellant on appeal) Interlink Laboratory Pty Ltd (Third Appellant) Interlink Wagga Central Pty Ltd (Fourth Appellant) West Wyalong Marketplace Pty Ltd (Fifth Appellant) Representation: Counsel: D L Williams SC / N D Riordan (Applicant on motion / Respondent on appeal) J C Giles SC / B le Plastrier (Respondent on motion / Appellant on appeal)