LSKF Holdings Pty Ltd v Shield Lifestone Holdings Pty Ltd [2018] NSWCA 109

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: LSKF Holdings Pty Ltd v Shield Lifestone Holdings Pty Ltd [2018] NSWCA 109 Hearing dates: 14 May 2018 Decision date: 14 May 2018 Before: Leeming JA Decision: 1. Dismiss the notice of motion filed 4 May 2018.

2. The applicants on the motion, Shield Lifestone Holdings Pty Ltd and Mr Feng Ye, pay LSKF Holdings Pty Ltd's costs of the notice of motion.

3. Dismiss the notice of motion filed 14 May 2018, with no order as to costs of that motion.

4. Respondents to file and serve any further submissions by 22 May 2018.

5. Applicants to file and serve any submissions in reply and in response to the notice of contention by 29 May 2018.

6. Set down the matter for concurrent hearing at 10.15 on 31 May 2018. Catchwords: PRACTICE - appeal - security for costs - appellant a corporate trustee - application under Corporations Act 2001 (Cth) s 1335 - concession that discretion enlivened - where costs of appeal very small - where shareholders had granted options to buy each other out in event appeal dismissed - where provisions of agreement provided measure of security if appeal dismissed - application for provision of security dismissed Legislation Cited: Corporations Act 2001 (Cth), ss 461K, 1335 Trustee Act 1925 (NSW), s 69 Cases Cited: Funds First Pty Ltd v Owners Corporation Strata Plan 66609 [2008] NSWSC 428 Lewis v Condon (2013) 85 NSWLR 99; [2013] NSWCA 204 Pioneer Park Pty Ltd (In Liq) v Australia and New Zealand Banking Group Limited [2007] NSWCA 344 Reddy v C&P Syndicate Pty Ltd [2013] NSWCA 425 Sagacious Procurement Pty Ltd v Symbion Health Ltd [2007] NSWCA 205 Shield Lifestone Holdings Pty Ltd v LSKF Holdings Pty Ltd [2018] NSWSC 335 Street v Luna Park Sydney Pty Ltd [2006] NSWSC 1317 Swift v McLeary [2013] NSWCA 173 Category: Procedural and other rulings Parties: LSKF Holdings Pty Ltd (Appellant/Respondent to the motion)