Tsui v Westpac Banking Corporation

The appellant in this case, Tsui, sought to appeal an order for costs against him made by the trial judge in the Supreme Court of New South Wales. Tsui was a director of a company that was involved in litigation with Westpac Banking Corporation. The trial judge had previously ordered the company to pay costs to Westpac, and subsequently made a supplementary order that Tsui, as a director, should pay those costs. Tsui appealed the supplementary order on the grounds that the trial judge had erred in exercising his discretion, that he had not been given sufficient notice of the possibility of such an order, and that he had not been granted security for costs in a timely manner.

The court found that the trial judge had not erred in making the supplementary order. The court held that Tsui had been on notice of the possibility of such an order, as he had been a director of the company involved in the litigation and had been present at the hearing where the original costs order was made. The court also found that Tsui had not sought security for costs in a timely manner, as he had waited until after the supplementary order was made to make the application. The appeal was therefore dismissed, with costs to be assessed.

This case highlights the importance of being aware of the possibility of a costs order being made against a director of a company involved in litigation, and the need to seek security for costs in a timely manner. It also demonstrates the broad discretion of the trial judge in making supplementary orders for costs, and the limited scope for appeal of such orders.