Cavenham Pty Ltd & Ors v E & V Bob Pty Ltd (T/As Hound Dog Clothing) & Ors [1997] FCA 444

Cavenham Pty Ltd & Ors v E & V Bob Pty Ltd (T/As Hound Dog Clothing) & Ors [1997] FCA 444

Because the natural person applicants are shareholders and directors of the corporate applicants and are exposed to costs orders for whatever they are worth if the respondents succeed, and no basis exists for ordering security for costs against them, security for costs is not justified against the corporate applicants in these proceedings.

Jurisdiction
Australia
Judgment Date
17 April 1997
Procedural Posture
Motions for Security for Costs / Ruling on Motions
Outcome
Motions for security for costs dismissed; costs order made against applicants.
Legal Topics
['security for Costs' 'costs Orders' 'corporate and Natural Person Plaintiffs']
['civil Procedure'] ['security for Costs' 'costs Orders' 'corporate and Natural Person Plaintiffs']

Case Brief

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Procedural Posture

Motions for Security for Costs / Ruling on Motions

Legal Issues

  1. 1 ['Whether the court should order security for costs against corporate applicants joined by natural persons' 'Whether the presence and assets of natural person applicants obviate the need for security for costs']

Ratio Decidendi

Because the natural person applicants are shareholders and directors of the corporate applicants and are exposed to costs orders for whatever they are worth if the respondents succeed, and no basis exists for ordering security for costs against them, security for costs is not justified against the corporate applicants in these proceedings.

Court Disposition

Motions for security for costs dismissed; costs order made against applicants.

Orders

  • ['The motions be dismissed.' "The applicants on the motions pay the respondents' costs of the motions, including reserved costs, to be taxed if not agreed."]