KAI XIN PTY LTD t/as Kai Xin Family Trust v Shuliang Pty Ltd t/as Shuliang Family Trust [2021] NSWSC 904

KAI XIN PTY LTD t/as Kai Xin Family Trust v Shuliang Pty Ltd t/as Shuliang Family Trust [2021] NSWSC 904

The Court was satisfied that material changes in circumstances, including defendants’ non-compliance with court orders and withdrawal of legal representation, warranted variation of the security for costs order, reducing the security from $60,000 to $15,000 and ordering return of $45,000 to the plaintiff.

Jurisdiction
Australia
Judgment Date
20 July 2021
Procedural Posture
Civil / Interlocutory Application to Vary Security for Costs Order
Outcome
Plaintiff's application granted in part; security for costs order varied; partial return of funds ordered.
Legal Topics
['security for Costs' 'variation of Interlocutory Orders']
['civil Procedure'] ['security for Costs' 'variation of Interlocutory Orders']

Case Brief

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Procedural Posture

Civil / Interlocutory Application to Vary Security for Costs Order

Legal Issues

  1. 1 ['Whether circumstances have sufficiently changed to warrant variation of the security for costs order']

Ratio Decidendi

The Court was satisfied that material changes in circumstances, including defendants’ non-compliance with court orders and withdrawal of legal representation, warranted variation of the security for costs order, reducing the security from $60,000 to $15,000 and ordering return of $45,000 to the plaintiff.

Court Disposition

Plaintiff's application granted in part; security for costs order varied; partial return of funds ordered.

Orders

  • ["Order varying the 7 May 2020 order: reduce security for defendants' costs from $60,000 to $15,000." '$45,000 paid into court by the plaintiff to be paid out to the plaintiff.' "Defendants to pay costs of and incidental to plaintiff's notice of motion filed 9 June 2021." 'Plaintiff to file and serve any further...