Pun v Poon [2019] NSWSC 918

Supreme Court New South Wales

Medium Neutral Citation: Pun v Poon [2019] NSWSC 918 Hearing dates: 10 July 2019 Date of orders: 17 July 2019 Decision date: 17 July 2019 Jurisdiction: Equity Before: Henry J Decision: (1) Pursuant to r 42.21 of the Uniform Civil Procedure Rules 2005 (NSW), the plaintiff to provide security for the defendant's costs in the amount of $90,000 in the following tranches: (a) the first tranche of $30,000 within 21 days of the date of this order; and (b) the second tranche of $60,000 within 21 days after any mediation which does not resolve the proceedings or not less than 21 days before the commencement of the hearing, whichever occurs earlier, such security to be provided by way of an unconditional bank guarantee from an Australian bank in a form acceptable to the defendant, payment into Court or in such other manner as may be agreed between the parties. (2) The proceedings be stayed if security is not provided in accordance with Order 1 above. (3) Grant the defendant liberty to apply on 5 business days' notice for further security to be provided if the security provided in a particular tranche proves insufficient to cover the party/party costs incurred from 10 May 2019. (4) The plaintiff to pay the defendant's costs of the defendant's notice of motion for security for costs. Catchwords: COSTS – security for costs – relevant factors – plaintiff not ordinarily resident in Australia – strength of plaintiff's case and delay – security ordered in tranches Legislation Cited: Conveyancing Act 1999 (NSW) s 66G Uniform Civil Procedure Rules 2005 (NSW) r 42.21 Cases Cited: Bell Wholesale Co Pty Ltd v Gates Export Corporation (No 2) (1984) 2 FCR 1; (1984) 52 ALR 176 Chocron v Onkoud [2018] NSWSC 1205 Darelvale Holdings Australia Pty Ltd v Waterjet Designs Pty Ltd [2003] FCA 863 Edenham Pty Ltd v Meares (No 2) [2016] WASC 302 Fiduciary Limited v Morningstar Research Pty Ltd (2004) 208 ALR 564; [2004] NSWSC 664 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Litmus Australia Pty Ltd (in liq) v Paul Brian Canty & Ors (2007) 25 ACLC 1,141; [2007] NSWSC 670 Oshlack v Richmond River Council (1998) 193 CLR 72 PS Chellaram and Co Limited v China Ocean Shipping Company (1991) 102 ALR 321; [1991] HCA 36 Re Colorado Products Pty Ltd (in provisional liquidation) [2013] NSWSC 611 Category: Costs Parties: Hiu Lan Pun (plaintiff) Kalina Poon (defendant) Representation: Counsel: S Bell (plaintiff) F Corsaro SC (defendant)