Visual Building Construction Pty Ltd v David Armistead [2019] NSWCA 92

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Visual Building Construction Pty Ltd v David Armistead [2019] NSWCA 92 Hearing dates: 29 April 2019 Date of orders: 29 April 2019 Decision date: 29 April 2019 Before: Meagher JA at [1] Decision: 1. Order the appellant provide security for the costs of the respondents of and incidental to the appeal in the amount of $15,000, that security to be provided by way of payment into court or by an unconditional bank guarantee in a form acceptable to the respondents.

2. Order the appeal proceedings be stayed until that security is provided.

3. Order the appellant to pay the respondents' costs of the security for costs application. Catchwords: PRACTICE – appeal – security for costs – corporate appellant – Corporations Act 2001 s 1335 – where reason to believe appellant unable to pay costs – where no reason not to grant security – no question of principle Legislation Cited: Corporations Act 2001 (Cth), s 1335 Home Building Act 1989 (NSW), ss 92, 96, 99 Home Building Regulation 2004, cl 56 Category: Procedural and other rulings Parties: Visual Building Construction Pty Ltd (Appellant) David Armistead (First Respondent) Maria-Luisa Patisso (Second Respondent) Representation: Counsel: D Hand (Respondents)

Solicitors: Y Shehata appearing as Director of the Appellant company Adams & Partners (Respondents) File Number(s): 2018/00265807-1 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Date of Decision: 21 August 2018 Before: Sorby ADCJ File Number(s): 2016/384392 & 2016/384311