Ren v Jiang [2013] NSWCA 194

Ren v Jiang [2013] NSWCA 194

Consent orders made to stand over motions until after scheduled dates for security payments; coordinated hearing to be considered after necessary summons are filed and securities provided, balancing both parties' interests in timing given ongoing bankruptcy proceedings.

Jurisdiction
Australia
Judgment Date
17 June 2013
Procedural Posture
Civil Appeal / Interlocutory Applications for Leave to Appeal and Directions
Outcome
Consent orders granting stand-over and setting conditions for payment of security for costs; listing directions adjusted pending receipt of funds.
Legal Topics
['appeal' 'judgments and Orders' 'security for Costs' 'stay' 'bankruptcy Proceedings']
['civil Procedure'] ['appeal' 'judgments and Orders' 'security for Costs' 'stay' 'bankruptcy Proceedings']

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Procedural Posture

Civil Appeal / Interlocutory Applications for Leave to Appeal and Directions

Legal Issues

  1. 1 ['Timing of hearing in context of security for costs' 'Existence of bankruptcy proceedings and effect on appeal' 'Security for costs relating to s 471B Corporations Act application']

Ratio Decidendi

Consent orders made to stand over motions until after scheduled dates for security payments; coordinated hearing to be considered after necessary summons are filed and securities provided, balancing both parties' interests in timing given ongoing bankruptcy proceedings.

Court Disposition

Consent orders granting stand-over and setting conditions for payment of security for costs; listing directions adjusted pending receipt of funds.

Orders

  • ['Notice of Motion filed by first and second respondents on 26 April 2013 and motion filed by appellants on 24 April 2013 stood over until 26 August 2013.' "First and second appellants to pay into court $16,000 by way of security for respondents' costs by 19 August 2013." 'Further orders regarding payment of...