Frigger v Banning (No 6) [2018] FCA 787

Frigger v Banning (No 6) [2018] FCA 787

No further security for costs was ordered because the existing security of $60,000 was sufficient at this stage: the main costs incurred related to applications already covered by the earlier security order, the estimated assessed costs for those applications were between $35,000 and $40,000, and the respondents' evidence did not identify the costs likely to be incurred in relation to the current applications separately from costs already encompassed by the earlier order.

Jurisdiction
Australia
Judgment Date
28 May 2018
Procedural Posture
Commercial and Corporations Proceeding; Corporations and Corporate Insolvency Sub Area / Interlocutory Application for Further Security for Costs
Outcome
Application for further security for costs dismissed, with liberty to apply in specified circumstances and no order as to costs.
Legal Topics
['security for Costs' 'further Security for Costs' 'interlocutory Applications' 'costs' 'amendment of Statement of Claim' 'interlocutory Injunction']
['commercial and Corporations' 'corporations and Corporate Insolvency' 'civil Procedure'] ['security for Costs' 'further Security for Costs' 'interlocutory Applications' 'costs' 'amendment of Statement of Claim' 'interlocutory Injunction']

Case Brief

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Procedural Posture

Commercial and Corporations Proceeding; Corporations and Corporate Insolvency Sub Area / Interlocutory Application for Further Security for Costs

Legal Issues

  1. 1 ['Whether a further tranche of security for costs should be ordered beyond the security previously ordered by Barker J.' 'Whether the evidence established costs beyond those already covered by the existing security.' 'Whether liberty to apply for further security should be reserved if circumstances change or after determination of pending interlocutory applications.']

Ratio Decidendi

No further security for costs was ordered because the existing security of $60,000 was sufficient at this stage: the main costs incurred related to applications already covered by the earlier security order, the estimated assessed costs for those applications were between $35,000 and $40,000, and the respondents' evidence did not identify the costs likely to be incurred in relation to the current applications separately from costs already encompassed by the earlier order.

Court Disposition

Application for further security for costs dismissed, with liberty to apply in specified circumstances and no order as to costs.

Orders

  • ['The application for further security for costs be dismissed.' "There be liberty to apply for further security for costs in the event of a change in circumstances or upon the determination of the applicants' application for an interlocutory injunction and the application for leave to amend the statement of claim."...