TTM Investment Corporation Pty Ltd v Hua Chang Pty Ltd [2018] NSWSC 1078

Supreme Court New South Wales

Medium Neutral Citation: TTM Investment Corporation Pty Ltd v Hua Chang Pty Ltd [2018] NSWSC 1078 Hearing dates: 26 June; 9 July 2018 Date of orders: 13 July 2018 Decision date: 13 July 2018 Jurisdiction: Equity - Applications List Before: Parker J Decision: Security for costs order and freezing order to be granted. Catchwords: CIVIL PROCEDURE – security for costs – discretionary considerations – where party resisting order not acting purely defensively in main proceedings – relevance of the strength of a party's claim

CIVIL PROCEDURE – security for costs order – quantum of security – ascertaining quantum where neither party is acting purely defensively in main proceedings – difficulty in ascertaining quantum where claims and cross-claims are interconnected

CIVIL PROCEDURE – interlocutory application – freezing order – risk of removing assets out of jurisdiction – where party has little to no connection with jurisdiction – where party has commercial incentive to remove assets from jurisdiction Legislation Cited: Home Building Act 1989 (NSW), s 92(1) Cases Cited: Patterson v BTR Engineering (Aust) Limited (1989) 18 NSWLR 319 Ninemia Maritime Corp v Trave Schiffahrtsgesellschaft & Co KG (The Niedersachen) [1983] 1 WLR 1412 Texts Cited: Nil Category: Procedural and other rulings Parties: Hua Chang Pty Ltd (First Defendant/Applicant) TTM Investment Corporation Pty Ltd (Plaintiff/Respondent) Representation: Counsel: JC Lee (First Defendant/Applicant) AL Connolly (Plaintiff/Respondent)