Tinkler Group Holdings Pty Ltd v Winter [2023] FCA 214

Tinkler Group Holdings Pty Ltd v Winter [2023] FCA 214

The application for security for costs was not premature and it is appropriate to make an order for security, with the quantum set at $450,000 as an initial tranche, based on half of the respondents’ estimated trial costs, with liberty for further applications for security as needed.

Jurisdiction
Australia
Judgment Date
07 March 2023
Procedural Posture
Application for Security for Costs / Interlocutory Application
Outcome
Application granted
Legal Topics
['security for Costs' 'corporate Insolvency' 'prematurity of Application' 'quantum of Security']
['practice and Procedure' 'corporate Insolvency'] ['security for Costs' 'corporate Insolvency' 'prematurity of Application' 'quantum of Security']

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Procedural Posture

Application for Security for Costs / Interlocutory Application

Legal Issues

  1. 1 ['Whether the application for security for costs is premature' 'Quantum of security for costs to be ordered' 'Whether security should cover past costs']

Ratio Decidendi

The application for security for costs was not premature and it is appropriate to make an order for security, with the quantum set at $450,000 as an initial tranche, based on half of the respondents’ estimated trial costs, with liberty for further applications for security as needed.

Court Disposition

Application granted

Orders

  • ["Applicants to give security for respondents' costs in the initial amount of $450,000 pursuant to r 19.01 of the Federal Court Rules 2011 (Cth)." 'Security to be paid into court by 4 pm on 11 April 2023 pursuant to r 2.42 of the Federal Court Rules 2011 (Cth).' 'Proceedings stayed until security is given.' 'If...