Interslice Pty Ltd v CCA Investments – Bass Hill Pty Ltd [2024] NSWCA 247

Interslice Pty Ltd v CCA Investments – Bass Hill Pty Ltd [2024] NSWCA 247

Given the limited issues on appeal, duplication in the respondent's cost estimates, and the proportionality principle, the appropriate amount of security for costs is $50,000, less than the amount sought by CCA, to be provided by the appellant in two tranches.

Parties
Appellant / Respondent on the Motion: Interslice Pty Ltd; Respondent / Applicant on the Motion: CCA Investments – Bass Hill Pty Ltd
Jurisdiction
Australia
Judgment Date
15 October 2024
Procedural Posture
Appeal / Security for Costs Application
Outcome
Appellant to provide security for costs of $50,000 in two tranches; proceedings stayed pending compliance; costs of the motion to be costs in the cause.
Legal Topics
Security for Costs, Costs, Proportionality Principle
Civil Procedure Security for Costs Costs Proportionality Principle

Case Brief

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Parties

Interslice Pty Ltd

Appellant / Respondent on the Motion

CCA Investments – Bass Hill Pty Ltd

Respondent / Applicant on the Motion

Procedural Posture

Appeal / Security for Costs Application

Legal Issues

  1. 1 Whether quantum of security for costs sought by respondent is excessive or unreasonable
  2. 2 Appropriate amount of security for costs for corporate appellant under s 1335 of the Corporations Act 2001 (Cth)
  3. 3 Application of proportionality principle to security for costs on appeal

Ratio Decidendi

Given the limited issues on appeal, duplication in the respondent's cost estimates, and the proportionality principle, the appropriate amount of security for costs is $50,000, less than the amount sought by CCA, to be provided by the appellant in two tranches.

Court Disposition

Appellant to provide security for costs of $50,000 in two tranches; proceedings stayed pending compliance; costs of the motion to be costs in the cause.

Orders

  • The appellant provide security for costs of $50,000 in the following tranches: (a) $35,000 to be paid by 22 October 2024; and (b) $15,000 to be paid by 15 November 2024.
  • The security to be paid into Court.