Awanet Pty Ltd v Amalgamated Wireless (Australasia) Ltd [1987] FCA 671

Awanet Pty Ltd v Amalgamated Wireless (Australasia) Ltd [1987] FCA 671

The financial situation of the applicant does not clearly demonstrate an inability to pay the respondent's costs, and the provision of security at this stage would be prejudicial to the applicant without good cause. The application is therefore dismissed.

Parties
Applicant: Awanet Pty. Limited; Respondent: Amalgamated Wireless (Australasia) Limited
Jurisdiction
Australia
Judgment Date
13 November 1987
Procedural Posture
Application for Security for Costs / Decision on Application
Outcome
Application dismissed with costs.
Legal Topics
Security for Costs, Company Law, Trade Mark Dispute
Commercial Law Security for Costs Company Law Trade Mark Dispute

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Parties

Awanet Pty. Limited

Applicant

Amalgamated Wireless (Australasia) Limited

Respondent

Procedural Posture

Application for Security for Costs / Decision on Application

Legal Issues

  1. 1 Whether the applicant should provide security for costs to the respondent.

Ratio Decidendi

The financial situation of the applicant does not clearly demonstrate an inability to pay the respondent's costs, and the provision of security at this stage would be prejudicial to the applicant without good cause. The application is therefore dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application be dismissed with costs.