Credit Suisse AG v Gu [2022] FCA 1220

Credit Suisse AG v Gu [2022] FCA 1220

Referee's report adopted in entirety, as no party opposed it and no error of principle or jurisdiction was identified. Security for costs orders made based on residence and asset evidence, corporate status, delay addressed as non-dispositive, and proper quantum determined by evidence and party-party assessment.

Jurisdiction
Australia
Judgment Date
21 October 2022
Procedural Posture
Interlocutory Application / Adoption of Referee's Report and Orders for Security for Costs
Outcome
Referee's report adopted in whole; security for costs orders made
Legal Topics
['security for Costs' "adoption of Referee's Report" 'corporations' 'cross Claims']
['practice and Procedure' 'commercial Law'] ['security for Costs' "adoption of Referee's Report" 'corporations' 'cross Claims']

Case Brief

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Procedural Posture

Interlocutory Application / Adoption of Referee's Report and Orders for Security for Costs

Legal Issues

  1. 1 ['Whether security for costs should be granted in respect of competing applications' 'The appropriate quantum and form of security for costs' "Whether the referee's report should be adopted by the Court"]

Ratio Decidendi

Referee's report adopted in entirety, as no party opposed it and no error of principle or jurisdiction was identified. Security for costs orders made based on residence and asset evidence, corporate status, delay addressed as non-dispositive, and proper quantum determined by evidence and party-party assessment.

Court Disposition

Referee's report adopted in whole; security for costs orders made

Orders

  • ['Pursuant to s 54A(3) Federal Court of Australia Act 1976 (Cth), the Report of the Referee dated 16 September 2022 is adopted in the whole.' "Hu Parties provide security for costs of JSH and Chunshan Jing's costs of the first cross-claim, amount $180,000 via money into court or Australian bank guarantee." "JSH...