Bayley & Associates Pty Ltd v Jenkins [2010] FCA 1306

Bayley & Associates Pty Ltd v Jenkins [2010] FCA 1306

The court found the motion for security for costs premature as it was brought before a defence was filed, and that the evidence did not establish any real likelihood that the applicant would be unable to meet an adverse costs order up to $103,304.

Jurisdiction
Australia
Judgment Date
22 November 2010
Procedural Posture
Motion / Interlocutory
Outcome
Motion dismissed
Legal Topics
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Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Motion / Interlocutory

Legal Issues

  1. 1 ['Whether the applicant should be ordered to provide security for costs to the second and fourth respondents']

Ratio Decidendi

The court found the motion for security for costs premature as it was brought before a defence was filed, and that the evidence did not establish any real likelihood that the applicant would be unable to meet an adverse costs order up to $103,304.

Court Disposition

Motion dismissed

Orders

  • ['The motion of the second and fourth respondents dated 22 September 2010 for the applicant to provide security for costs in the amount of $103,304 is dismissed.' "The second and fourth respondents pay the applicant's costs of the motion."]