Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 5) [2020] FCA 953

Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 5) [2020] FCA 953

Quantum of security for costs ordered is determined by reference to actual past costs and anticipated future costs, each discounted by 50% to reflect party/party cost taxation and fairness, less security already paid—applying a broad-brush and just and reasonable approach under s 56 of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
07 July 2020
Procedural Posture
Security for Costs Application / Interlocutory Application
Outcome
Variation of security for costs orders—Applicants to provide further security for 7-Eleven’s costs by cash deposit; prior instalment orders vacated.
Legal Topics
['security for Costs' 'quantum of Security' 'interlocutory Applications']
['civil Procedure' 'commercial Law'] ['security for Costs' 'quantum of Security' 'interlocutory Applications']

Case Brief

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Procedural Posture

Security for Costs Application / Interlocutory Application

Legal Issues

  1. 1 ['What is the appropriate quantum of security for costs to be ordered for the First Respondent up to the commencement of the initial trial?']

Ratio Decidendi

Quantum of security for costs ordered is determined by reference to actual past costs and anticipated future costs, each discounted by 50% to reflect party/party cost taxation and fairness, less security already paid—applying a broad-brush and just and reasonable approach under s 56 of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Variation of security for costs orders—Applicants to provide further security for 7-Eleven’s costs by cash deposit; prior instalment orders vacated.

Orders

  • ['Orders 8(g) and 8(h) of the orders made by Justice Middleton on 12 April 2019 be vacated for both VID 180 of 2018 and VID 182 of 2018.' "For VID 180 of 2018: Applicants must provide a seventh tranche of security for 7-Eleven's costs for the period up to the initial trial in the sum of $2,713,500, deposited in...