Antonias Pty Ltd v Matthew Lepouris Pty Ltd [2004] NSWSC 654

Antonias Pty Ltd v Matthew Lepouris Pty Ltd [2004] NSWSC 654

The defendants had not, by credible testimony, established that there was reason to believe the plaintiff corporation would be unable to pay costs if ordered to do so; the threshold requirement under s 1335 of the Corporations Act 2001 (Cth) was not met, so the security for costs motion was dismissed.

Jurisdiction
Australia
Judgment Date
19 July 2004
Procedural Posture
Application for Security for Costs Under S 1335 of the Corporations Act 2001 (cth) / Defendants' Notice of Motion Filed 21 June 2004, Heard During the Proceedings
Outcome
Application for security for costs refused; defendants' notice of motion dismissed.
Legal Topics
['security for Costs' 'impecuniosity of Corporate Plaintiff' 'credible Testimony' 'discretion of Court' 'costs']
['corporations' 'civil Procedure' 'equity'] ['security for Costs' 'impecuniosity of Corporate Plaintiff' 'credible Testimony' 'discretion of Court' 'costs']

Case Brief

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Procedural Posture

Application for Security for Costs Under S 1335 of the Corporations Act 2001 (cth) / Defendants' Notice of Motion Filed 21 June 2004, Heard During the Proceedings

Legal Issues

  1. 1 ["Whether there was credible testimony establishing reason to believe that the plaintiff corporation would be unable to pay the defendants' costs if ordered to do so." 'Whether the timing of the application and the request for security for costs already incurred supported the application.']

Ratio Decidendi

The defendants had not, by credible testimony, established that there was reason to believe the plaintiff corporation would be unable to pay costs if ordered to do so; the threshold requirement under s 1335 of the Corporations Act 2001 (Cth) was not met, so the security for costs motion was dismissed.

Court Disposition

Application for security for costs refused; defendants' notice of motion dismissed.

Orders

  • ["The defendants' notice of motion filed 21 June 2004 be dismissed." 'There be no order as to the costs of the motion.' 'By consent, directions in accordance with the short minutes initialled by the judge and placed with the papers.']