Milcap Publishing Group A.B. & Ors v Coranto Corporaiton Pty Ltd & Ors [1995] FCA 568

It is premature to make an order for security for costs because the nature of the action, evidence, and involvement of the overseas company Milcap are not yet clear.

Jurisdiction: Australia
Judgment Date: 17 July 1995
Procedural Posture: Application for Security for Costs / Interlocutory Motion; Adjourned to Date to Be Fixed
Outcome: Motion adjourned to a date to be fixed; respondents have leave to renew the application.
Legal Topics: ['security for Costs' 'joinder of Parties']

['civil Procedure'] ['security for Costs' 'joinder of Parties']

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

Procedural Posture

Application for Security for Costs / Interlocutory Motion; Adjourned to Date to Be Fixed

Legal Issues

1 ['Whether security for costs should be ordered at this stage']

Ratio Decidendi

It is premature to make an order for security for costs because the nature of the action, evidence, and involvement of the overseas company Milcap are not yet clear.

Court Disposition

Motion adjourned to a date to be fixed; respondents have leave to renew the application.

Orders

['The motion for security for costs is adjourned to a date to be fixed.' 'Respondents have leave to renew the application for security for costs.']