Abel Equipment Pty Ltd v National Captial Development Commission & Anor [1983] FCA 231

Abel Equipment Pty Ltd v National Captial Development Commission & Anor [1983] FCA 231

Given that Abel Equipment Pty. Limited (In Liquidation) lacks available funds to meet a costs order if unsuccessful on appeal and that there are no circumstances warranting the exercise of discretion against requiring security, the Court orders security for costs as a condition for the appeal to proceed.

Parties
Appellant: Abel Equipment Pty. Limited (In Liquidation); First Respondent: The National Capital Development Commission; Second Respondent: Abel Drainers Pty. Limited (In Liquidation)
Jurisdiction
Australia
Judgment Date
02 September 1983
Procedural Posture
Appeal / Interlocutory Application for Security for Costs
Outcome
Security for costs ordered as condition precedent to appeal continuing
Legal Topics
Security for Costs, Costs in Liquidation, Appeal Procedure
Civil Procedure Company Law Security for Costs Costs in Liquidation Appeal Procedure

Case Brief

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Parties

Abel Equipment Pty. Limited (In Liquidation)

Appellant

The National Capital Development Commission

First Respondent

Abel Drainers Pty. Limited (In Liquidation)

Second Respondent

Procedural Posture

Appeal / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether the appellant should be ordered to provide security for the second respondent’s costs of the appeal under s 56 of the Federal Court of Australia Act 1976 and s 533 of the Companies Act 1981
  2. 2 Whether the circumstances of the appellant warrant the exercise of the Court’s discretion to require security

Ratio Decidendi

Given that Abel Equipment Pty. Limited (In Liquidation) lacks available funds to meet a costs order if unsuccessful on appeal and that there are no circumstances warranting the exercise of discretion against requiring security, the Court orders security for costs as a condition for the appeal to proceed.

Court Disposition

Security for costs ordered as condition precedent to appeal continuing

Orders

  • The appellant must provide security to the satisfaction of the District Registrar within 28 days in the sum of $2,000.00, failing which the appeal is to stand dismissed.
  • The costs of this application to be the second respondent's costs in the appeal.