Strategic Financial and Project Services Pty Limited v Bank of China [2012] FCA 757

Strategic Financial and Project Services Pty Limited v Bank of China [2012] FCA 757

Due to the applicants' failure to comply with previous orders to provide security for costs, the proceedings were dismissed against both respondents with costs in accordance with the self-executing orders.

Parties
First Applicant: Strategic Financial and Project Services Pty Ltd ACN 110 336 966; Second Applicant: Energreen Wind Systems Pty Ltd ACN 100 729 842; First Respondent: Bank of China Limited ARBN 002 979 955; Second Respondent: Commonwealth Bank of Australia ACN 123 123 124
Jurisdiction
Australia
Judgment Date
12 July 2012
Procedural Posture
Practice and Procedure / Final Orders Following Non Compliance With Self Executing Orders
Outcome
Proceedings against both respondents dismissed with costs; hearing vacated.
Legal Topics
Dismissal for Non Compliance, Security for Costs, Self Executing Orders
Practice and Procedure Dismissal for Non Compliance Security for Costs Self Executing Orders

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Parties

Strategic Financial and Project Services Pty Ltd ACN 110 336 966

First Applicant

Energreen Wind Systems Pty Ltd ACN 100 729 842

Second Applicant

Bank of China Limited ARBN 002 979 955

First Respondent

Commonwealth Bank of Australia ACN 123 123 124

Second Respondent

Procedural Posture

Practice and Procedure / Final Orders Following Non Compliance With Self Executing Orders

Legal Issues

  1. 1 Whether proceedings should be dismissed for non-compliance with self-executing orders regarding security for costs

Ratio Decidendi

Due to the applicants' failure to comply with previous orders to provide security for costs, the proceedings were dismissed against both respondents with costs in accordance with the self-executing orders.

Court Disposition

Proceedings against both respondents dismissed with costs; hearing vacated.

Orders

  • The proceeding against the first respondent be dismissed.
  • The applicants pay the first respondent's costs.