Interslice Pty Ltd v CCA Investments – Bass Hill Pty Ltd [2024] NSWCA 247

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Interslice Pty Ltd v CCA Investments – Bass Hill Pty Ltd [2024] NSWCA 247 Hearing dates: 14 October 2024 Date of orders: 15 October 2024 Decision date: 15 October 2024 Before: Gleeson JA Decision: (1) The appellant provide security for costs of $50,000 in the following tranches: (a) $35,000 to be paid by 22 October 2024; and (b) $15,000 to be paid by 15 November 2024. (2) The security to be paid into Court. (3) The proceedings be stayed in the event of non-compliance with order (1) above. (4) The costs of the motion filed 7 August 2024 be each parties' costs in the cause. Catchwords: COSTS — Security for costs — Application for provision of security by corporate appellant — Corporations Act 2001 (Cth) s 1335 — Where only quantum of security in issue — Whether security sought by respondent excessive or unreasonable — Where competing solicitor's estimates of parties' actual costs — Whether quantum of security proportionate to importance and actual complexity of issues on appeal — application of the proportionality principle — Civil Procedure Act 2005 (NSW), s 60 Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 Corporations Act 2001 (Cth), s 1335 Uniform Civil Procedure Rules 2005 (NSW), r 51.50(1) Cases Cited: April Fine Paper Macao Commercial Offshore Ltd v Moore Business Systems Australia Ltd (2009) 75 NSWLR 619; [2009] NSWSC 867 Australian Granodiorite Ltd v Devex Ltd (NSWCA, Kirby P, 18 July 1991, unreported) Pioneer Park Pty Ltd (in Liq) v ANZ Banking Group [2007] NSWCA 34 SSABR Pty Ltd v AMA Group Ltd [2024] NSWCA 104 Category: Procedural rulings Parties: Interslice Pty Ltd (Appellant / Respondent on the motion) CCA Investments – Bass Hill Pty Ltd (Respondent / Applicant on the motion) Representation: Counsel: D J A Mackay (Appellant / Respondent on the motion) R Clark (Respondent / Applicant on the motion)