YTO Construction Pty Ltd (in liq) v Ganghui Pty Ltd [2024] NSWCA 44

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: YTO Construction Pty Ltd (in liq) v Ganghui Pty Ltd [2024] NSWCA 44 Hearing dates: On the papers Decision date: 29 February 2024 Before: Leeming JA Decision: Appeal dismissed with costs. Catchwords: PROCEDURE – security for costs – non-compliance with orders to provide security – company placed into liquidation – appeal dismissed Legislation Cited: Supreme Court Act 1970 (NSW), s 46(1)(b) Uniform Civil Procedure Rules 2005 (NSW), r 51.50(2A) Category: Principal judgment Parties: YTO Construction Pty Ltd (in liq) (Appellant) Ganghui Pty Ltd (First Respondent) Fu Ming Guo (Second Respondent) Representation: Solicitors: Hall Chadwick, Chartered Accountant (Liquidator) Tom Howard Legal (Respondents) File Number(s): 2023/236125 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity – Technology and Construction List Citation: [2023] NSWSC 729 Date of Decision: 28 June 2023 Before: Stevenson J File Number(s): 2020/220429

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]