Avspares Pty Ltd v Skywest Aviation Pty Ltd [1997] FCA 1095

Avspares Pty Ltd v Skywest Aviation Pty Ltd [1997] FCA 1095

The significant event was the late emergence of an offer of security over the personal assets of the applicant's directors. Because personal undertakings were not offered until 19 June 1997, the proceedings had already been substantially carried through, and no earlier communication about personal undertakings had...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 September 1997
Procedural Posture
Application for Security for Costs / Ex Tempore Judgment on Costs of the Application for Security for Costs
Outcome
The applicant was ordered to pay the respondent's costs of the application for security for costs; the respondent's request for immediate taking out and taxation of the costs order was declined.
Legal Topics
['security for Costs' 'costs Follow the Event' 'taxation of Costs' 'charge Over Personal Assets']
['civil Procedure' 'costs'] ['security for Costs' 'costs Follow the Event' 'taxation of Costs' 'charge Over Personal Assets']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Security for Costs / Ex Tempore Judgment on Costs of the Application for Security for Costs

Legal Issues

  1. 1 ["Whether the applicant should pay the respondent's costs of the application for security for costs." 'Whether leave should be granted to take out the costs order immediately and have the costs taxed so they could be recovered forthwith.']

Ratio Decidendi

The significant event was the late emergence of an offer of security over the personal assets of the applicant's directors. Because personal undertakings were not offered until 19 June 1997, the proceedings had already been substantially carried through, and no earlier communication about personal undertakings had occurred before early June 1997, the applicant should pay the respondent's costs of the security for costs application. Immediate taking out and taxation of the costs order was not appropriate because a charge over personal assets had been given or would be given when suitable terms were agreed.

Court Disposition

The applicant was ordered to pay the respondent's costs of the application for security for costs; the respondent's request for immediate taking out and taxation of the costs order was declined.

Orders

  • ['The applicant should pay the costs of the respondent in relation to the application for security for costs.']