Re Banks; Ex parte Ceneas Pty Ltd, Delroi Caterers Pty Ltd, Weingarde Pty Ltd v Banks [1995] FCA 655

Re Banks; Ex parte Ceneas Pty Ltd, Delroi Caterers Pty Ltd, Weingarde Pty Ltd v Banks [1995] FCA 655

Applications for security for costs are refused as neither the merits of Mrs Banks' claims nor her status as an applicant justify making such an order at this interlocutory stage. The material before the Court does not show that her claims are so lacking in merit as to warrant security for costs, or that she is a nominal plaintiff.

Parties
First Applicant/creditor: Ceneas Pty Limited; Second Applicant/creditor: Delroi Caterers Pty Limited; Third Applicant/creditor: Weingarde Pty Limited; Respondent/debtor: Beverley Joy Banks
Jurisdiction
Australia
Judgment Date
28 July 1995
Procedural Posture
Bankruptcy Application for Security for Costs / Interlocutory Application; Reasons for Decision on Application for Security for Costs
Outcome
Applications for security for costs refused
Legal Topics
Security for Costs, Proof of Debt, Section 99 Application
Bankruptcy Security for Costs Proof of Debt Section 99 Application

Case Brief

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Parties

Ceneas Pty Limited

First Applicant/creditor

Delroi Caterers Pty Limited

Second Applicant/creditor

Weingarde Pty Limited

Third Applicant/creditor

Beverley Joy Banks

Respondent/debtor

Procedural Posture

Bankruptcy Application for Security for Costs / Interlocutory Application; Reasons for Decision on Application for Security for Costs

Legal Issues

  1. 1 Whether the Court has jurisdiction to order security for costs in an application under s 99 of the Bankruptcy Act 1966
  2. 2 Whether the debtor is a nominal plaintiff in this application
  3. 3 Whether the circumstances justify granting security for costs

Ratio Decidendi

Applications for security for costs are refused as neither the merits of Mrs Banks' claims nor her status as an applicant justify making such an order at this interlocutory stage. The material before the Court does not show that her claims are so lacking in merit as to warrant security for costs, or that she is a nominal plaintiff.

Court Disposition

Applications for security for costs refused

Orders

  • Both applications for security for costs are refused.
  • The costs of the applications for security for costs be the applicants' costs in the cause.