Paul Baker as Plaintiff Representative of 165 Plaintiff Group Members v The Partnership of Anne Patricia Larter, Alan Jones, Miraleste Pty Ltd t/as USG Partner and Leigh Johnson t/as STC Sports Trading Club [2016] NSWSC 1194

Supreme Court New South Wales

Medium Neutral Citation: Paul Baker as Plaintiff Representative of 165 Plaintiff Group Members v The Partnership of Anne Patricia Larter, Alan Jones, Miraleste Pty Ltd t/as USG Partner and Leigh Johnson t/as STC Sports Trading Club [2016] NSWSC 1194 Hearing dates: 25 August 2016 Decision date: 30 August 2016 Jurisdiction: Equity Before: Ball J Decision: 1. The fifth defendant's notice of motion filed 8 July 2016 dismissed with costs.

2. The sixth, seventh, eighth, tenth and eleventh defendants' notice of motion filed 26 July 2016 dismissed with costs.

3. The twelfth defendant's notice of motion filed 21 July 2016 dismissed with costs. Catchwords: PRACTICE AND PROCEDURE – costs – security for costs in representative proceedings – security refused Legislation Cited: Australian Consumer Law Civil Procedure Act 2005 (NSW) Partnership Act 1892 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: De Jong v Carnival PLC [2016] NSWSC 347 Category: Procedural and other rulings Parties: Paul Baker as Plaintiff Representative of 164 Plaintiff Group Members (Plaintiff) The Partnership of Anne Patricia Larter, Alan Jones, Miraleste Pty Ltd t/as USG Partner and Leigh Johnson t/as STC Sports Trading Club (ABN 92 914 683 823) (First Defendant) Anne Patricia Larter (Second Defendant – Submitting Appearance) Alan Jones (Third Defendant) Miraleste Pty Ltd t/as USG Partner (ABN 74 603 231 376) (Fourth Defendant) Leigh Johnson (Fifth Defendant) Sports Trading Club Limited, a company incorporated in Hong Kong (company reference number 1658108) (Sixth Defendant) Bella Development Limited, a company incorporated in Hong Kong (company reference number 1611927) (Seventh Defendant) East Ocean Capital Limited, a company incorporated in Hong Kong (company reference number 1896089) (Eighth Defendant) Arabella Racing Pty Ltd (ACN 153 621 302) (Ninth Defendant) Banksia Holdings (Tenth Defendant) Arabella Louise Foster (Eleventh Defendant) Peter Foster (Twelfth Defendant) Representation: Counsel: T J Dixon (Plaintiff) M Fernandes (Third and Fourth Defendants) DW Elliott (Fifth Defendant) MF Fozzard (Sixth to Eighth, Tenth and Eleventh Defendants) JR Young (12th Defendant)