Cab Tab Australia Pty Ltd v ANZ Banking Group 1997 FCA 156

Cab Tab Australia Pty Ltd v ANZ Banking Group 1997 FCA 156

The applicant should provide security for costs as there is credible testimony that they will be unable to pay if unsuccessful, and the persons behind the company declined to provide security without good reason.

Parties
Applicant: Cab Tab Australia Pty Ltd; First Respondent: Australia & New Zealand Banking Group Ltd; Second Respondent: MasterCard Australia Limited
Jurisdiction
Australia
Judgment Date
26 February 1997
Procedural Posture
Civil / Interlocutory Application for Security for Costs
Outcome
Security for costs ordered; security for undertaking as to damages refused; costs awarded
Legal Topics
Security for Costs, Breach of Contract, Misleading and Deceptive Conduct, Abuse of Market Power
Corporations Law Trade Practices Law Security for Costs Breach of Contract Misleading and Deceptive Conduct Abuse of Market Power

Case Brief

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Parties

Cab Tab Australia Pty Ltd

Applicant

Australia & New Zealand Banking Group Ltd

First Respondent

MasterCard Australia Limited

Second Respondent

Procedural Posture

Civil / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether the applicant should furnish security for the respondents' costs
  2. 2 Whether persons behind the applicant company should provide security
  3. 3 Whether security should be required for undertaking as to damages

Ratio Decidendi

The applicant should provide security for costs as there is credible testimony that they will be unable to pay if unsuccessful, and the persons behind the company declined to provide security without good reason.

Court Disposition

Security for costs ordered; security for undertaking as to damages refused; costs awarded

Orders

  • Applicant to provide $30,000 security for each respondent within 28 days in a form satisfactory to a Registrar
  • Application for security for undertaking as to damages refused