Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 3) [2006] FCA 1498

Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 3) [2006] FCA 1498

The discretion to order further security for costs was refused due to the significant delay in bringing the application and its timing on the eve of trial, which militated against the exercise of discretion in favour of the respondents.

Parties
Applicant: Citrus Queensland Pty Ltd; Applicant: Peter Michael Tracy; Applicant: Sunstate Citrus Pty Ltd; Respondent: Sunstate Orchards Pty Ltd; Respondent: Andrew Colin Strahley; Respondent: David Breed
Jurisdiction
Australia
Judgment Date
09 November 2006
Procedural Posture
Application / Interlocutory Application for Security for Costs, Heard Two Days Before Trial
Outcome
Application dismissed
Legal Topics
Security for Costs, Costs Discretion, Delay in Interlocutory Applications
Civil Procedure Security for Costs Costs Discretion Delay in Interlocutory Applications

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Parties

Citrus Queensland Pty Ltd

Applicant

Peter Michael Tracy

Applicant

Sunstate Citrus Pty Ltd

Applicant

Sunstate Orchards Pty Ltd

Respondent

Andrew Colin Strahley

Respondent

David Breed

Respondent

Procedural Posture

Application / Interlocutory Application for Security for Costs, Heard Two Days Before Trial

Legal Issues

  1. 1 Whether the court should order further security for costs where the application is brought shortly before trial
  2. 2 Whether delay in bringing the security for costs application and proximity to hearing date impacts discretion

Ratio Decidendi

The discretion to order further security for costs was refused due to the significant delay in bringing the application and its timing on the eve of trial, which militated against the exercise of discretion in favour of the respondents.

Court Disposition

Application dismissed

Orders

  • The notice of motion filed Friday 3 November 2006 by the respondents be dismissed.
  • Costs be reserved.