GWM Goldmining Pty Ltd v Frerk [2018] NSWCA 162

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: GWM Goldmining Pty Ltd v Frerk [2018] NSWCA 162 Hearing dates: 14 June 2018 Decision date: 27 July 2018 Before: Payne JA at [1]; Emmett AJA at [3]; Simpson AJA at [40] Decision: Dismiss the summons and cross summons with costs. Catchwords: PROCEDURE – application for security for costs against company – primary judge declined to admit affidavit – whether affidavit should be admitted as evidence of impecuniosity – whether affidavit satisfied s 27A of the Oaths Act 1900 (NSW) and r 35.7 of the Uniform Civil Procedure Rules 2005 (NSW)

PROCEDURE – application for security for costs against natural person – whether second plaintiff was ordinarily resident outside Australia Legislation Cited: Australian Consumer Law (Sch 2, Competition and Consumer Act 2010 (Cth)) Oaths Act 1900 (NSW), s 27A Uniform Civil Procedure Rules 2005 (NSW), rr 35.7, 42.21 Cases Cited: House v The King (1936) 55 CLR 499 Category: Principal judgment Parties: GWM Goldmining Pty Ltd (Applicant/First Cross Respondent) Terrance Robert Frerk (Respondent/Cross Applicant) Xin Tian (Second Cross Respondent) Representation: Counsel: S Bell (Applicant/Cross Respondents) J O'Sullivan (Respondents/Cross Applicant)

Solicitors: Lloyd Truman Sadiq Solicitors (Applicant/Cross Respondents) StreeterLaw (Respondents/Cross Applicant) File Number(s): 2017/382506 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Date of Decision: 1 December 2017 Before: Russell DCJ File Number(s): 2016/152684