Winning Form Pty Ltd v Giddy Up Ratings Pty Ltd [2011] FCA 1140

Winning Form Pty Ltd v Giddy Up Ratings Pty Ltd [2011] FCA 1140

Additional security of $250,000 was ordered because the prior security did not finally determine the respondent's entitlement to adequate security, future party/party costs were reasonably estimated at $200,000, and a further $50,000 was appropriate for past costs given the evidence of actual costs incurred and Ms Vine-Hall's broad party/party assessment.

Jurisdiction
Australia
Judgment Date
04 October 2011
Procedural Posture
Application for Additional Security for Costs / Interlocutory Application
Outcome
Respondent's application for additional security for costs granted in part; applicant ordered to provide further security and proceeding to be stayed if security is not provided as ordered.
Legal Topics
['security for Costs' 'additional Security for Costs' 'party/party Costs' 'stay of Proceeding for Failure to Provide Security']
['civil Procedure' 'costs'] ['security for Costs' 'additional Security for Costs' 'party/party Costs' 'stay of Proceeding for Failure to Provide Security']

Case Brief

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Procedural Posture

Application for Additional Security for Costs / Interlocutory Application

Legal Issues

  1. 1 ["Whether the applicant should provide additional security for the respondent's costs." 'What amount of additional security should be ordered for past costs incurred and likely future costs of the proceeding.']

Ratio Decidendi

Additional security of $250,000 was ordered because the prior security did not finally determine the respondent's entitlement to adequate security, future party/party costs were reasonably estimated at $200,000, and a further $50,000 was appropriate for past costs given the evidence of actual costs incurred and Ms Vine-Hall's broad party/party assessment.

Court Disposition

Respondent's application for additional security for costs granted in part; applicant ordered to provide further security and proceeding to be stayed if security is not provided as ordered.

Orders

  • ["The applicant provide further security for the respondent's costs by agreed guarantee or bond from a financial institution or by cash payment into Court in the amount of $250,000.00." '$50,000.00 of the further security is to be provided within 28 days of the order.' 'The balance of $200,000.00 is to be provided...