Valmont Interiors Pty Ltd v Giorgio Armani Australia Pty Ltd

The appeal concerned a dispute between Valmont Interiors Pty Ltd (appellant) and Giorgio Armani Australia Pty Ltd (respondent) regarding security for costs. The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court was the quantum and form of security for costs to be provided by the appellant for the respondent's costs of the appeal.

McCallum JA ordered that the appellant provide security for the respondent's costs of the appeal pursuant to s 1335(1) of the Corporations Act 2001 (Cth). The security was to be in the form of a bank guarantee from an Australian trading bank or by payment into court, in favour of the respondent, for the amount of $50,000. The bank guarantee, if provided, was to have no expiry date. The security was to be provided by Friday, 30 April 2021. If the security was not provided, the appeal would be stayed. The costs of the respondent's motion were to be costs in the appeal.