Ample Source International Limited v Bonython Metals Group Pty Limited; In the Matter of Bonython Metals Group Pty Limited (No 3) [2011] FCA 435

Ample Source International Limited v Bonython Metals Group Pty Limited; In the Matter of Bonython Metals Group Pty Limited (No 3) [2011] FCA 435

The plaintiff is ordered to provide security for costs in the amount of $390,000 to the second to fifth defendants, by way of an approved Letter of Credit or Guarantee, within 21 days, securing both past and future costs. If not provided, proceedings are stayed. Costs of security for costs and notice to produce motions are awarded to the second to fifth defendants; the costs of the contempt motion are plaintiff's costs in the proceeding.

Jurisdiction
Australia
Judgment Date
02 May 2011
Procedural Posture
Civil / Interlocutory (motions for Security for Costs, Notice to Produce, Contempt)
Outcome
Orders made on interlocutory motions (security for costs, costs, stay of proceeding if default, listing for directions)
Legal Topics
['security for Costs' 'contempt of Court' 'notice to Produce' 'costs Orders' 'discovery']
['civil Procedure'] ['security for Costs' 'contempt of Court' 'notice to Produce' 'costs Orders' 'discovery']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory (motions for Security for Costs, Notice to Produce, Contempt)

Legal Issues

  1. 1 ['Whether security for costs should be ordered and on what terms' 'Whether proceedings should be stayed or dismissed if security not provided' 'Costs of various motions including security for costs, notice to produce, and contempt']

Ratio Decidendi

The plaintiff is ordered to provide security for costs in the amount of $390,000 to the second to fifth defendants, by way of an approved Letter of Credit or Guarantee, within 21 days, securing both past and future costs. If not provided, proceedings are stayed. Costs of security for costs and notice to produce motions are awarded to the second to fifth defendants; the costs of the contempt motion are plaintiff's costs in the proceeding.

Court Disposition

Orders made on interlocutory motions (security for costs, costs, stay of proceeding if default, listing for directions)

Orders

  • ['Plaintiff to provide security for costs to second to fifth defendants in the sum of $390,000 by specified means and timetable' 'If security not provided, proceedings stayed until further order' 'Plaintiff to pay costs of second to fifth defendants for the security for costs motion and to set aside the notice to...