Wang v Liu [2019] NSWSC 420

Wang v Liu [2019] NSWSC 420

An order for security for costs is appropriate because the plaintiff is outside the jurisdiction and has no assets in Australia; the cross-claim is largely defensive but some aspects (such as payments said to be made in mistake) go beyond defence. The evidence does not warrant reducing or eliminating the security sought, and the proposed undertaking is not accepted as an alternative security. Security should be ordered in tranches and the amount fixed at $150,000.

Parties
Plaintiff: Ruifa Wang; First Defendant: Wengsheng Liu; Second Defendant: Lan Liu
Jurisdiction
Australia
Judgment Date
16 April 2019
Procedural Posture
Security for Costs Application / Ruling on Notice of Motion
Outcome
Security for costs granted
Legal Topics
Security for Costs, Cross Claim, Debt Recovery
Civil Procedure Equity Security for Costs Cross Claim Debt Recovery

Case Brief

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Parties

Ruifa Wang

Plaintiff

Wengsheng Liu

First Defendant

Lan Liu

Second Defendant

Procedural Posture

Security for Costs Application / Ruling on Notice of Motion

Legal Issues

  1. 1 Whether an order for security for costs should be granted against the plaintiff
  2. 2 Whether the cross-claim is defensive or seeks a monetary judgment
  3. 3 Whether security should cover past costs and how much should be ordered

Ratio Decidendi

An order for security for costs is appropriate because the plaintiff is outside the jurisdiction and has no assets in Australia; the cross-claim is largely defensive but some aspects (such as payments said to be made in mistake) go beyond defence. The evidence does not warrant reducing or eliminating the security sought, and the proposed undertaking is not accepted as an alternative security. Security should be ordered in tranches and the amount fixed at $150,000.

Court Disposition

Security for costs granted

Orders

  • Direct that the parties bring in short minutes of order by 30 April 2019 to give effect to these reasons and dealing with the question of costs, if costs can be agreed
  • Direct that if the parties cannot reach agreement on the terms of the short minutes of order, the matter be listed before Ball J on 3 May 2019 or such other date as fixed with the Associate to address outstanding issues