Fubilan Catering Services Limited (Incorporated in Papua New Guinea) v Compass Group (Australia) Pty Ltd [2007] FCA 2111

Fubilan Catering Services Limited (Incorporated in Papua New Guinea) v Compass Group (Australia) Pty Ltd [2007] FCA 2111

Security for costs was ordered because the appellants were resident outside Australia and there were difficulties associated with enforcing costs orders in Papua New Guinea; those factors outweighed the lesser inclination to order security on an appeal and the limited weight given to the appeal's merits, particularly where the non-Mount Lawley grounds raised no important question of law and the Mount Lawley ground was adversely affected by stark factual differences.

Jurisdiction
Australia
Judgment Date
20 November 2007
Procedural Posture
Appeal; Motion for Security for Costs / Application for Security for Costs on Appeal After First Instance Judgment
Outcome
The respondents' motion for security for costs was granted; leave was granted to the appellants to amend the Notice of Appeal; the appeal was not stayed pending provision of security at this stage.
Legal Topics
['security for Costs' 'non Resident Appellants' 'enforcement of Costs Orders in Papua New Guinea' 'merits of Appeal' 'federal Court Rules O 52 R 20']
['civil Procedure' 'appellate Procedure' 'costs'] ['security for Costs' 'non Resident Appellants' 'enforcement of Costs Orders in Papua New Guinea' 'merits of Appeal' 'federal Court Rules O 52 R 20']

Case Brief

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Procedural Posture

Appeal; Motion for Security for Costs / Application for Security for Costs on Appeal After First Instance Judgment

Legal Issues

  1. 1 ['Whether the appellants should provide security for costs of the appeal.' 'What weight should be given to the appellants being ordinarily resident outside Australia and to difficulties enforcing judgments in Papua New Guinea.' 'Whether O 52 r 20 of the Federal Court Rules makes the Court less inclined to order security for costs on an appeal than at first instance.' 'Whether the merits of the proposed appeal, including the Mount Lawley ground, militated against ordering security.']

Ratio Decidendi

Security for costs was ordered because the appellants were resident outside Australia and there were difficulties associated with enforcing costs orders in Papua New Guinea; those factors outweighed the lesser inclination to order security on an appeal and the limited weight given to the appeal's merits, particularly where the non-Mount Lawley grounds raised no important question of law and the Mount Lawley ground was adversely affected by stark factual differences.

Court Disposition

The respondents' motion for security for costs was granted; leave was granted to the appellants to amend the Notice of Appeal; the appeal was not stayed pending provision of security at this stage.

Orders

  • ['The appellants provide security for costs by way of a bank guarantee in the sum of $95,000, by 20 December 2007.' 'The matter be listed for directions on 21 December 2007 at 2.15 pm.' 'There be liberty to the parties to apply.' 'Leave be granted to the appellants to amend the Notice of Appeal filed 30 August 2007...