Wang v Chea (No 3) [2015] NSWDC 164

District Court New South Wales

Medium Neutral Citation: Wang v Chea (No 3) [2015] NSWDC 164 Hearing dates: 20 February 2015 Date of orders: 20 February 2015 Decision date: 20 February 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) The plaintiffs are to further provide security for the defendants' costs of the proceedings by depositing the additional sum of $81,000 into an account controlled jointly by the plaintiffs' solicitor and the defendants' solicitor or such other form of security as is agreed upon by the parties, within 28 days. (2) Any interest that accrues on the sum of $81,000 whilst it is so held is to be paid to, or for the benefit of, the plaintiffs. (3) In the event that security is not provided within 28 days then the proceedings will be stayed. (4) Order the plaintiffs to pay the defendants' costs of the notice of motion. (5) Note that this order is intended to resolve the question of security until the conclusion of the proceedings, so that no further application for security for costs would be warranted, unless the amount of further costs incurred by the defendants, after today, considered on a party/party basis, exceeds $80,000. Catchwords: PRACTICE AND PROCEDURE – security for costs – application to increase amount of security Category: Procedural and other rulings Parties: Shikuan Wang (first plaintiff) Fenlian Jin (second plaintiff) Rui King Pty Ltd ACN 156 351 441 (third plaintiff) Pauline Yi Bin Chea (first defendant) Kevin Cheang Meang Chea (second defendant) Golden Tower Enterprises Pty Ltd ACN 130 397 634 (third defendant) Representation: Counsel: Mr I Archibald (plaintiffs) Mr B Lloyd (defendants)