Brass Homes Pty Limited v Macasa Homes Pty Limited [2021] FCA 746

Brass Homes Pty Limited v Macasa Homes Pty Limited [2021] FCA 746

In the absence of a material change of circumstance justifying reconsideration, and in light of the parties' agreement on security up to the completion of affidavit evidence, it is inappropriate to order additional security at this stage. The application for further security for costs is dismissed.

Jurisdiction
Australia
Judgment Date
02 July 2021
Procedural Posture
Interlocutory Application in General Civil (copyright) Proceeding / Interlocutory (application for Further Security for Costs Prior to Close of Evidence)
Outcome
Application for further security for costs dismissed with costs to the applicant.
Legal Topics
['security for Costs' 'copyright Infringement' 'practice and Procedure']
['intellectual Property'] ['security for Costs' 'copyright Infringement' 'practice and Procedure']

Case Brief

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Procedural Posture

Interlocutory Application in General Civil (copyright) Proceeding / Interlocutory (application for Further Security for Costs Prior to Close of Evidence)

Legal Issues

  1. 1 ['Whether an order for further security for costs should be made prior to the close of evidence where previous consent orders limited security to $100,000 up to close of evidence' 'Whether the respondents’ costs are in excess of what was anticipated at time of consent orders']

Ratio Decidendi

In the absence of a material change of circumstance justifying reconsideration, and in light of the parties' agreement on security up to the completion of affidavit evidence, it is inappropriate to order additional security at this stage. The application for further security for costs is dismissed.

Court Disposition

Application for further security for costs dismissed with costs to the applicant.

Orders

  • ["The respondents' interlocutory application filed on 4 June 2021 be dismissed." "The respondents pay the applicant's costs of the interlocutory application as taxed or agreed." 'Order 8 of the orders made on 15 April 2021 (as varied) be vacated.']