Land Enviro Corp Pty Ltd (In Liq) v HTT Huntley Heritage Pty Ltd [2017] NSWCA 207

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Land Enviro Corp Pty Ltd (In Liq) v HTT Huntley Heritage Pty Ltd [2017] NSWCA 207 Hearing dates: 27 April 2017 Decision date: 22 August 2017 Before: Bathurst CJ at [1]; Meagher JA at [30]; Emmett AJA at [31] Decision: 1. Order that the notice of motion filed on 23 August 2016 (the Reinstatement Application) and the notice of motion filed on 25 January 2017 (the Security Application) be dismissed. 2. Order that the appellant pay the respondents' costs of the Reinstatement Application and the Security Application. 3. Order that, upon evidence being produced to the Registrar's satisfaction that, no later than 28 days from the date of this order, the judgments against the appellant in the sums of $138,118.63 and $74,487.53 have been paid in full: (a) Orders 1 and 2 be set aside; (b) The order made by the Registrar on 22 June 2015 pursuant to r 13.6 of the Uniform Civil Procedure Rules 2005 (NSW) be set aside; (c) The parties' costs of the Reinstatement Application be their respective costs of the appeal; (d) The Reinstatement Application be otherwise dismissed; (e) Security for the respondents' costs of the appeal in the sum of $175,000 be provided by the appellant in such form and at such times as determined by the Registrar and, if security is not so provided, the appeal be dismissed with costs; (f) The appeal be listed before the Registrar for directions for the preparation of the appeal for hearing and for the provision of security; (g) the Security Application be otherwise dismissed; (h) the costs of the applicant on the Security Application be that party's costs of the appeal. Catchwords: CORPORATIONS – motion to substitute party SECURITY FOR COSTS – motion Legislation Cited: Bankruptcy Act 1966 (Cth), ss 5, 58 Corporations Act 2001 (Cth), ss 9, 418, 419, 420