Technical Innovation Corp Pty Ltd v Australian Technological Innovation Corp Pty Ltd [1999] FCA 1420

Technical Innovation Corp Pty Ltd v Australian Technological Innovation Corp Pty Ltd [1999] FCA 1420

Given the lack of evidence of resources from those behind the applicant corporations, absence of indicia that security would stifle meritorious litigation, and no proof that impecuniosity resulted from respondent conduct, an order for security for costs of $45,000 is appropriate.

Jurisdiction
Australia
Judgment Date
15 October 1999
Procedural Posture
Application for Security for Costs / Interlocutory
Outcome
Application for security for costs allowed.
Legal Topics
['security for Costs' 'corporate Litigants' 'court Discretion' 'costs Order']
['civil Procedure'] ['security for Costs' 'corporate Litigants' 'court Discretion' 'costs Order']

Case Brief

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Procedural Posture

Application for Security for Costs / Interlocutory

Legal Issues

  1. 1 ['Whether an order for security for costs should be made against the applicant companies lacking financial resources.' 'What amount of security for costs is appropriate in the circumstances.']

Ratio Decidendi

Given the lack of evidence of resources from those behind the applicant corporations, absence of indicia that security would stifle meritorious litigation, and no proof that impecuniosity resulted from respondent conduct, an order for security for costs of $45,000 is appropriate.

Court Disposition

Application for security for costs allowed.

Orders

  • ['Applicants shall provide security for costs in the sum of $45,000.' 'Costs of the application are to be costs in the cause.']