Royal Guardian Management Pty Ltd v Nguyen [2015] NSWCA 148

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Royal Guardian Management Pty Ltd v Nguyen [2015] NSWCA 148 Hearing dates: 20/05/2015 Date of orders: 20 May 2015 Decision date: 20 May 2015 Before: Basten JA Decision: (1) Stay the enforcement of the orders made by the trial judge by way of consent orders dated 24 September and 26 September 2014.

(2) Order that the hearing of the appeal be stayed until the appellant provides security in an amount of $100,000 either (a) by way of a bank guarantee in favour of the respondent's solicitors Gilbert + Tobin; or (b) by payment into court of that amount.

(3) Order that the respondents pay the appellant's costs of the motion for the stay.

(4) Order that the appellant pay the respondents' costs of the motion for security for costs. Catchwords: PRACTICE AND PROCEDURE – application for stay pending the appeal – stay in relation to primary judgement and costs below – where appellant cannot satisfy the judgement – where refusal of stay necessary to preserve the appeal – whether appeal has reasonable prospects of success – whether appeal grounds hopeless and unarguable – whether stay should be granted – appropriate extent of stay

COSTS – security for costs – application made under Corporations Act (Cth), s 1335 – no requirement of "special circumstances" – appellant proffered guarantee by related entity – limited evidence of guarantor's financial position provided – whether guarantor provides sufficient security – whether security for costs by payment into court or bank guarantee should be made – amount of security Legislation Cited: Corporations Act 2001 (Cth), s 1335 Uniform Civil Procedure Rules 2005 (NSW), r 51.50 Cases Cited: CUR24 v Director of Public Prosecutions [2012] NSWCA 65; 83 NSWLR 385 Kalifair Pty Limited v Digi-Tech (Australia Limited) [2002] NSWCA 383; 55 NSWLR 737 Mushroom Composters Pty Ltd v IS & DE Robertson Pty Ltd [2014] NSWCA 231 Pioneer Park Pty Ltd (In Liq) v Australia and New Zealand Banking Group Limited [2007] NSWCA 344; 25 ACLC ¶1707 Tattsbet Ltd v Morrow [2015] FCAFC 62 Category: Procedural and other rulings Parties: Royal Guardian Mortgage Management Pty Limited (Applicant) Beth Ngoc Nguyen (First Respondent) Ian Stolyar (Second Respondent) Representation: Counsel: M W Young SC (Applicant) S Mirzabegian (Respondents)