Yoo v Toppro Pty Ltd & Ors [2016] NSWSC 734

Supreme Court New South Wales

Medium Neutral Citation: Yoo v Toppro Pty Ltd & Ors [2016] NSWSC 734 Hearing dates: 3 June 2016 Decision date: 03 June 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that Notice of Motion filed 1 June 2016 be dismissed. Second and Fourth Defendants to pay costs of motion as agreed or as assessed. Order that on undertakings as to damages provided by Second Defendant, the orders of Black J dismissing the stay application be stayed for 14 days pending appeal from this decision. The Court notes the undertakings provided by the Plaintiff Catchwords: PROCEDURE — Judgments and orders — Application for stay of orders pending proposed appeal – whether there are reasonably arguable questions for determination of appellate court – whether applicant will suffer irreparable harm is a stay is refused. Cases Cited: - Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685 - Anning v Anning [1907] HCA 13; (1907) 4 CLR 1049 - Aquaqueen International Pty Ltd v Titan National Pty Ltd [2015] NSWCA 9 - Comptroller of Stamps (Vic) v Howard-Smith [1936] HCA 12; (1936) 54 CLR 614 - Kalifair Pty Ltd v Digi-Tech (Australia) Ltd [2002] - NSWCA 383; (2002) 55 NSWLR 737 - Noonan v Martin (1987) 10 NSWLR 402 - NSW Bar Association v Stevens [2003] NSWCA 95 Texts Cited: - JD Heydon et al, Meagher, Gummow & Lehane's Equity Doctrines and Remedies (5th ed 2015, LexisNexis Butterworths) Category: Procedural and other rulings Parties: Il Nam Yoo (Plaintiff/First Cross-Defendant on First and Second Cross-Claims) Toppro Pty Ltd (First Defendant) Ok Ja Joo (Second Defendant/Cross-Claimant on First Cross-Claim) Jae Joo Kim (Third Defendant) Wealth Wisdom Investments Limited (Fourth Defendant/Cross-Claimant on Second Cross-Claim) Jin Hee Hong (Second Cross-Defendant on First and Second Cross-Claims) Representation: Counsel: J R Young (Plaintiff/First Cross Defendant) M Neil SC/S O'Brien (Defendants/Cross-Claimants)