Canberra Residential Developments Pty Limited v Brendas [2008] FCA 254

Canberra Residential Developments Pty Limited v Brendas [2008] FCA 254

Although the principles would allow further security in appropriate cases, the form of order sought by the respondents was not apt, as it called for security only after the anticipated conclusion of the hearing, providing no real protection and thus lacking utility; application for further security was therefore refused.

Jurisdiction
Australia
Judgment Date
04 March 2008
Procedural Posture
Corporate/commercial / Interlocutory Application for Further Security for Costs
Outcome
Application for further security for costs dismissed
Legal Topics
['security for Costs' 'costs' 'corporate Joint Ventures' 'litigation Funding']
['civil Procedure' 'corporations Law'] ['security for Costs' 'costs' 'corporate Joint Ventures' 'litigation Funding']

Case Brief

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Procedural Posture

Corporate/commercial / Interlocutory Application for Further Security for Costs

Legal Issues

  1. 1 ['Whether further (top-up) security for costs should be ordered against the applicant pursuant to s 1335(1) Corporations Act 2001 (Cth) and/or s 56(4) Federal Court of Australia Act 1976 (Cth)' 'Whether the form of order sought for security for costs was appropriate in the circumstances']

Ratio Decidendi

Although the principles would allow further security in appropriate cases, the form of order sought by the respondents was not apt, as it called for security only after the anticipated conclusion of the hearing, providing no real protection and thus lacking utility; application for further security was therefore refused.

Court Disposition

Application for further security for costs dismissed

Orders

  • ['Leave granted to file and abridge service of motion and affidavits' 'Notice of Motion dated 3 March 2008 and filed 4 March 2008 dismissed' 'Costs of the Motion to be costs in the proceedings']