PPK Willoughby Pty Ltd v Baird [2021] NSWCA 212

PPK Willoughby Pty Ltd v Baird [2021] NSWCA 212

Given credible evidence that the appellant may not be able to pay adverse costs and absence of opposition, security for costs should be ordered; but the quantum claimed is excessive and should be reduced to $50,000 including GST.

Parties
Appellant: PPK Willoughby Pty Ltd; Respondents/applicants: David Baird & ors; Solicitors for Respondents/applicants: Gilchrist Connell
Jurisdiction
Australia
Judgment Date
16 August 2021
Procedural Posture
Appeal / Application for Security for Costs
Outcome
Application for security for costs granted; appeal stayed pending provision of security.
Legal Topics
Security for Costs, Costs, Corporations Act 2001 (cth) S 1335, Uniform Civil Procedure Rules 2005 (nsw) R 51.50
Civil Procedure Security for Costs Costs Corporations Act 2001 (cth) S 1335 Uniform Civil Procedure Rules 2005 (nsw) R 51.50

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Parties

PPK Willoughby Pty Ltd

Appellant

David Baird & ors

Respondents/applicants

Gilchrist Connell

Solicitors for Respondents/applicants

Procedural Posture

Appeal / Application for Security for Costs

Legal Issues

  1. 1 Whether security for costs should be ordered on appeal under Corporations Act 2001 (Cth) s 1335
  2. 2 Quantum of security appropriate for appeal costs

Ratio Decidendi

Given credible evidence that the appellant may not be able to pay adverse costs and absence of opposition, security for costs should be ordered; but the quantum claimed is excessive and should be reduced to $50,000 including GST.

Court Disposition

Application for security for costs granted; appeal stayed pending provision of security.

Orders

  • Within ten business days, the appellant provide security in a form acceptable to the registrar for the sum of $50,000 as security for the costs of the second to 106th respondents of the appeal.
  • The proceedings be stayed until the security is provided.