Workplace Safety Australia Pty Ltd v Simple OHS Solutions Pty Ltd [2014] NSWCA 55

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Workplace Safety Australia Pty Ltd v Simple OHS Solutions Pty Ltd [2014] NSWCA 55 Hearing dates: 10 March 2014 Decision date: 10 March 2014 Before: Basten JA Decision: 1. Pursuant to the Corporations Act 2001, s 1335, Workplace Safety Australia Pty Ltd provide security for Simple OHS Solutions Pty Ltd's costs of the proceedings in this Court in an amount of $40,000. 2. Workplace Safety Australia Pty Ltd is to take no further steps in the proceedings until such time as the security is provided, except with respect to the application for a stay of the judgment and orders the subject of the appeal. 3. The costs of the motion be Simple OHS Solutions Pty Ltd's costs in the appeal. 4. Liberty to apply on 3 days' notice in respect of the execution of these orders. [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.] Catchwords: PRACTICE AND PROCEDURE - application for security for costs of appeal - whether appellant had shown security would stultify appeal - whether appellant able to meet costs if unsuccessful on appeal - whether liability to pay judgment debt part of assessment of likely ability to pay costs - Corporations Act 2001 (Cth), s 1335 Legislation Cited: Corporations Act 2001 (Cth), s 1335 Cases Cited: Livingspring Pty Ltd v Kliger Partners [2008] VSCA 93; 20 VR 377 Category: Procedural and other rulings Parties: Workplace Safety Australia Pty Ltd (Appellant) Simple OHS Solutions Pty Ltd (Respondent) Representation: Counsel: