Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2017] FCA 1109

Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2017] FCA 1109

The application for security for costs was not entertained as it was made inappropriately late, inconsistent with the overarching statutory purpose and Redbubble’s procedural obligations to act promptly for efficient dispute resolution.

Parties
Applicant/cross Respondent: Hells Angels Motorcycle Corporation (Australia) Pty Limited; First Respondent/cross Claimant: Redbubble Limited; Second Respondent/cross Respondent: Hells Angels Motorcycle Corporation
Jurisdiction
Australia
Judgment Date
19 September 2017
Procedural Posture
Application for Security for Costs / Pre Trial Interlocutory Decision
Outcome
Application for security for costs dismissed
Legal Topics
Security for Costs, Civil Practice and Procedure
Practice and Procedure Intellectual Property Security for Costs Civil Practice and Procedure

Case Brief

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Parties

Hells Angels Motorcycle Corporation (Australia) Pty Limited

Applicant/cross Respondent

Redbubble Limited

First Respondent/cross Claimant

Hells Angels Motorcycle Corporation

Second Respondent/cross Respondent

Procedural Posture

Application for Security for Costs / Pre Trial Interlocutory Decision

Legal Issues

  1. 1 Whether an application for security for costs made late in the proceedings should be entertained

Ratio Decidendi

The application for security for costs was not entertained as it was made inappropriately late, inconsistent with the overarching statutory purpose and Redbubble’s procedural obligations to act promptly for efficient dispute resolution.

Court Disposition

Application for security for costs dismissed

Orders

  • The application for security for costs filed by Redbubble Limited on 11 September 2017 is dismissed.
  • Orders and reasons are made and published from Chambers pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011.