Agricity Pty Ltd v Caffissimo Holdings Pty Ltd [2019] FCA 130

Agricity Pty Ltd v Caffissimo Holdings Pty Ltd [2019] FCA 130

There was insufficient credible evidence to establish reason to believe the applicants would be unable to pay costs if unsuccessful. Even if the threshold for jurisdiction were satisfied, discretionary factors, especially delay in bringing the application, warranted refusing security for costs.

Jurisdiction
Australia
Judgment Date
14 February 2019
Procedural Posture
Interlocutory Application / Ruling on Application for Security for Costs
Outcome
Respondents' application for security for costs dismissed.
Legal Topics
['security for Costs' 'sale of Business' 'franchise Agreements']
['practice and Procedure' 'commercial Law' 'corporations Law'] ['security for Costs' 'sale of Business' 'franchise Agreements']

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

Interlocutory Application / Ruling on Application for Security for Costs

Legal Issues

  1. 1 ["Whether there is reason to believe the applicants will be unable to pay the respondents' costs if unsuccessful" 'Whether the Court should exercise its discretion to make an order for security for costs']

Ratio Decidendi

There was insufficient credible evidence to establish reason to believe the applicants would be unable to pay costs if unsuccessful. Even if the threshold for jurisdiction were satisfied, discretionary factors, especially delay in bringing the application, warranted refusing security for costs.

Court Disposition

Respondents' application for security for costs dismissed.

Orders

  • ["The Respondents' application for security for costs be dismissed." 'The costs of the application be reserved.']