Sing Kian Gan v Shop 3, 228-230 Hanvaylee Parade Kensington Pty Limited [2017] NSWSC 234

Supreme Court New South Wales

Medium Neutral Citation: Sing Kian Gan v Shop 3, 228-230 Hanvaylee Parade Kensington Pty Limited [2017] NSWSC 234 Hearing dates: 8 March 2017 Date of orders: 08 March 2017 Decision date: 08 March 2017 Jurisdiction: Common Law Before: Campbell J Decision: The application for security for costs moved by the defendant is dismissed.

The matter is listed for directions before the Registrar at 9am on Wednesday 22 March 2007. Catchwords: CIVIL PROCEDURE – security for costs – order for security for costs within the Court's inherent jurisdiction – leave sought to appeal to the Supreme Court of New South Wales under s 81 Civil and Administrative Tribunal Act 2013 (NSW) – appeal on question of law from the Civil and Administrative Tribunal – consideration of "how, on the whole, justice will be best served" – retail lease – held that the plaintiff's appeal raises fairly arguable questions of law – application for security for costs dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Conveyancing Act 1919 (NSW) Retail Leases Act 1994 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Charara v Integrex Pty Limited [2010] NSWCA 342 Gan v Shop 3, 228-230 Hanvaylee Parade Kensington Pty Ltd [2016] NSWCATAP 210 Gan v Shop 3, 228-230 Hanvaylee Parade Kensington Pty Ltd [2016] NSWCATCD (unreported, decision dated 20 April 2016) King v Commercial Bank of Australia Ltd [1920] HCA 62; (1920) 28 CLR 289 KP Cable Investments Pty Limited v Meltglow Pty Limited (1995) 56 FCR 189; [1995] SCA 1093 Rajski v Computer Manufacture and Design Pty Limited [1982] 2 NSWLR 443 Category: Procedural and other rulings Parties: Sing Kian Gan (Plaintiff)