Blue Oil Energy Pty Limited v Tan [2014] NSWCA 81

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Blue Oil Energy Pty Limited v Tan [2014] NSWCA 81 Hearing dates: On the papers Decision date: 26 March 2014 Before: Beazley P; Tobias AJA Decision: Summons for leave to appeal dismissed with costs. [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: PROCEDURE - costs - security for costs - reason to believe that plaintiff will be unable to pay the costs of the defendant - Uniform Civil Procedure Rules, r 42.21 - agreement with third party to subordinate debt

PROCEDURE - costs - security for costs - reason to believe that plaintiff will be unable to pay the costs of the defendant - Uniform Civil Procedure Rules, r 42.21 - cash security deposit

PROCEDURE - costs - security for costs - Uniform Civil Procedure Rules, r 42.21 - form of order - whether security required to be in form least disruptive or disadvantageous form

PROCEDURE - costs - security for costs - Corporations Act 2001 (Cth), s 1335 - form of order - whether security required to be in least disruptive or disadvantageous form

APPEAL AND NEW TRIAL - appeal - general principles - points and objections not taken below - party bound by conduct of case - exceptions Legislation Cited: Civil Procedure Act 2005 Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Adam P Brown Male Fashions Pty Limited v Phillip Morris Inc [1981] HCA 39; 148 CLR 170 Cornelius v Global Medical Solutions Australia Pty Ltd; Farag v Global Medical Solutions Australia Pty Ltd [2014] NSWCA 65 Coulton v Holcombe [1986] HCA 33; 162 CLR 1 Gujarat NRE Australia Pty Limited v Williams [2006] NSWSC 992 In re the Will of FB Gilbert (1946) 46 SR (NSW) 318 Multicon Engineering Pty Ltd v Federal Airports Corporation (1997) 47 NSWLR 631 Rosengrens Limited v Safe Deposit Centres Limited [1984] 3 All ER 198 University of Wollongong v Metwally [1984] HCA 74; 158 CLR 447 Category: Principal judgment Parties: Blue Oil Energy Pty Ltd (First Applicant) Blue Diamond Australia Pty Ltd (Second Applicant) Chark Hoe Tan (First Respondent) Peter Ng (Second Respondent) Jeremy Tan (Third Respondent) Harry Ubhi (Fourth Respondent) Morgan Stanley Capital Group Inc (Fifth Respondent) Representation: Counsel: Solicitors: File Number(s): 2013/310252 Decision under appeal Citation: In the matter of Pioneer Energy Holdings Pty Limited [2013] NSWSC 1366 Date of Decision: 2013-09-19 00:00:00 Before: Black J File Number(s): 2013/102212