SSABR Pty Ltd v AMA Group Ltd [2024] NSWCA 104

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: SSABR Pty Ltd v AMA Group Ltd [2024] NSWCA 104 Hearing dates: 6 May 2024 Date of orders: 7 May 2024 Decision date: 07 May 2024 Before: Payne JA Decision: (1) By 4pm on 14 May 2024, the appellants provide security for the respondents' costs of these appeal proceedings pursuant to section 1335 of the Corporations Act 2001 (Cth), in the sum of $80,000, by payment of that sum into court or by provision of security in that amount in a form acceptable to the Registrar of the Court of Appeal. (2) The matter is listed for directions before Payne JA at 9.30 am on Thursday 16 May 2024. (3) If security for costs is lodged with the Court in accordance with order 1, the parties have leave to inform the associate of Payne JA of that matter, at which time the directions hearing in order 2 will be vacated. Catchwords: COSTS – Security for costs – appeal – under Corporations Act 2001 (Cth) s 1335 – where parties agreed order should be made – dispute solely on quantum – competing estimates of appropriate amount of security – where security sought in relation to notice of contention – where security sought in relation to past costs – whether professional costs assessor's estimate to be preferred over solicitor's security estimate Legislation Cited: Corporations Act 2001 (Cth) s 1335 Uniform Civil Procedure Rules 2005 (NSW) r 51.50 Cases Cited: Allco Funds Management Ltd (in liq) v Trust Company (RE Services) Ltd [2013] NSWSC 1450 Broadway Plaza Investments Pty Ltd v Broadway Plaza Pty Ltd [2019] NSWSC 1082 HP Mercantile Pty Ltd v Dierickx [2013] NSWCA 87 KDL Building Pty Ltd v Mount [2006] NSWSC 474 LSKF Holdings Pty Ltd v Shield Lifestone Holdings Pty Ltd [2018] NSWCA 109 McMillan v Coolah Home Base Pty Ltd [2023] NSWCA 172 Mualim v Dzelme [2020] NSWCA 333 Palermo Seafoods Pty Ltd v Lunapas Pty Ltd [2015] NSWCA 149 Pioneer Park Pty Ltd (In liq) v Australia and New Zealand Banking Group Ltd [2007] NSWCA 344 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Reddy v C&P Syndicate Pty Ltd [2013] NSWCA 425 Rickard Constructions Pty Ltd v Rickard Hails Moretti Pty Ltd [2008] NSWCA 283 SSABR Pty Ltd v AMA Group Ltd (No 2) [2024] NSWSC 24 Swift v McLeary [2013] NSWCA 173 Tyneside Property Management Pty Ltd v Hammersmith Management Pty Ltd [2014] NSWCA 417 Category: Procedural rulings Parties: SSABR Pty Ltd (first appellant/first respondent on the motion) HAAPRC Pty Ltd (second appellant/second respondent on the motion) AMA Group Ltd (first respondent/first applicant on the motion) AMA Group Solutions Pty Ltd (second respondent/second applicant on the motion) Representation: Counsel: