Sky Cloud Pty Ltd v Shi [2017] FCA 1579

Sky Cloud Pty Ltd v Shi [2017] FCA 1579

Given the lack of sufficient evidence about personal undertakings and financial means of those standing behind IT Express, and considering the balance of factors, an order for security for costs is appropriate in the amount of $100,000.

Jurisdiction
Australia
Judgment Date
01 December 2017
Procedural Posture
Interlocutory Application for Security for Costs / Application for Security for Costs Before Trial
Outcome
Security for costs ordered
Legal Topics
['security for Costs' 'impecuniosity' 'stultification' 'interlocutory Application']
['practice and Procedure' 'corporations Law'] ['security for Costs' 'impecuniosity' 'stultification' 'interlocutory Application']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Interlocutory Application for Security for Costs / Application for Security for Costs Before Trial

Legal Issues

  1. 1 ['Whether an order for security for costs should be made against the cross-claimants' 'Whether the provision of an undertaking by the second cross-claimant is sufficient to avoid making an order for security']

Ratio Decidendi

Given the lack of sufficient evidence about personal undertakings and financial means of those standing behind IT Express, and considering the balance of factors, an order for security for costs is appropriate in the amount of $100,000.

Court Disposition

Security for costs ordered

Orders

  • ["The cross-claimants provide security for the cross-respondents' costs of the cross-claim in the sum of $100,000 up to trial." 'If an amount of the ordered security is proposed to be paid by the cross-claimants by March 2018, liberty is reserved for the cross-claimants to apply for the security to be paid by way of...