Luo v Windy Hills Australian Game Meats Pty Ltd (No 2) [2018] NSWSC 1139

Supreme Court New South Wales

Medium Neutral Citation: Luo v Windy Hills Australian Game Meats Pty Ltd (No 2) [2018] NSWSC 1139 Hearing dates: 6 July 2018 Decision date: 24 July 2018 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Application for security for costs dismissed with costs Catchwords: PRACTICE & PROCEDURE – COSTS – Security for costs – individual plaintiff ordinarily resident outside Australia – corporate defendant admittedly unable to meet a costs order – whether security for costs should be refused because of the merits of the plaintiffs' claim – relevance of defendants' failure to comply with undertaking given to the Court – whether ordering security will stultify proceedings – other factors said to be relevant to exercise of discretion Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Chamberlain Group Pty Ltd v Kids for Life Academy Pty Ltd [2015] NSWCA 241 Live Board Holdings Ltd v Cody Live Pty Ltd [2017] NSWCA 302 Mecrus Pty Ltd v Industrial Energy Pty Ltd [2015] FCA 103 Young v Jackman (1986) 7 NSWLR 97 Category: Procedural and other rulings Parties: Aimin Luo (First Plaintiff/Respondent) AusChina Procurement Centre Pty Ltd (Second Plaintiff/Respondent) Windy Hills Australian Game Meats Pty Ltd (First Defendant/Applicant) Yingcai Eric Zhang (Second Defendant/Applicant) Ivan Lawrenze Coulter (Third Defendant/Applicant) Representation: Counsel: D W Rayment (Plaintiffs/Respondents) V R Brigden (First and Third Defendants/Applicants) M Cleary with N Laing (Second Defendant/Applicant)