Pi v Zhou [2017] NSWCA 16

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pi v Zhou [2017] NSWCA 16 Hearing dates: 30 January 2017 Date of orders: 15 February 2017 Decision date: 15 February 2017 Before: Basten JA at [1] Payne JA at [14] Sackville AJA at [80] Decision: (1) Set aside the orders made by Gleeson JA on 24 June 2016. (2) The applicant (Mr Pi) is to provide security for the respondents' (Mr Zhou and Mrs Zhao) costs by paying into court the sum of $12,000 or by otherwise providing security for that amount in a manner satisfactory to the respondents. Until that security is provided, there will be a stay of the proceedings. The security is to be provided before 5 April 2017. (3) The matter is to be listed before a judge of the Court on 10 April 2017 for consequential orders, or, in the event that the security has not been provided, an order for the dismissal of the proceedings under UCPR r 42.21(3). (4) The applicant (Mr Pi) to pay 30% of the respondents' (Mr Zhou and Mrs Zhao's) costs of the notice of motion filed 20 April 2016 and of this application for review, as agreed or assessed. Catchwords: PROCEDURE – review of single judge of Court of Appeal; security for costs Legislation Cited: Civil Procedure Act 2005 (NSW) s 67 Corporations Act 2001 (Cth) s 1335 Supreme Court Act 1970 (NSW) ss 19, 46, 46B Uniform Civil Procedure Rules 2000 (NSW) rr 12.4, 13.4, 51.1(3), 51.2, 51.50, 51.58 Cases Cited: Baira v RHG Mortgage Corporation Limited [2012] NSWCA 387 Di Iorio v Wagener [2016] QCA 346 Helton v Allen (1940) 63 CLR 691 House v The King (1936) 55 CLR 499 Patrick v Howorth [2002] NSWCA 285 Pi v Zhou [2016] NSWCA 148 Preston v Harbor Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Rinehart v Welker [2011] NSWCA 403 Saba v National Australia Bank Ltd [1999] NSWCA 93 Transglobal Capital Pty Ltd v Yolarno Pty Ltd (2004) 60 NSWLR 143; [2004] NSWCA 136 Tyneside Property Management Pty Ltd v Hammersmith Management Pty Ltd [2014] NSWCA 417; 103 ACSR 201 Wentworth v Wentworth (1994) 35 NSWLR 726 Category: Principal judgment Parties: Guang Hua Pi (Applicant) Jian Cheng Zhou (First respondent) Christine Zhao (Second respondent) Representation: Solicitors: Applicant (self-represented) Respondent (self-represented) File Number(s): 2015/355864 Decision under review Court or tribunal: Court of Appeal Citation: [2016] NSWCA 148 Date of Decision: 24 June 2016 Before: Gleeson JA File Number(s): 2015/355864