Pyrmont Raw Materials Pty Limited (In Liquidation) (Receivers Appointed) v Peter Meier & Anor [2009] NSWSC 227
Security for costs was ordered as the plaintiff did not discharge its evidentiary onus to prove that the defendants materially contributed to the company's impecuniosity, delay was not material, and the circumstances did not warrant an exception to normal principles.
- Jurisdiction
- Australia
- Judgment Date
- 26 March 2009
- Procedural Posture
- Corporations List Proceeding / Application for Security for Costs
- Outcome
- Security for costs ordered
- Legal Topics
- ['security for Costs' 'liquidator Actions' "directors' Duties" 'delay in Applications']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Corporations List Proceeding / Application for Security for Costs
Legal Issues
- 1 ['Whether security for costs should be ordered against a company in liquidation pursuing a director for breach of duty' 'Whether delay in bringing the application for security is material' "Whether defendants caused plaintiff's impecuniosity" 'Whether pleadings alone suffice to discharge onus of proof']
Ratio Decidendi
Security for costs was ordered as the plaintiff did not discharge its evidentiary onus to prove that the defendants materially contributed to the company's impecuniosity, delay was not material, and the circumstances did not warrant an exception to normal principles.
Court Disposition
Security for costs ordered
Orders
- ['Plaintiff to provide security for costs in the amount of $181,087.50' 'Matter listed before the Registrar on 6 August 2009']
Full Case Text
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