Robinson, David Charles v Aware Ind Ltd & Ors [1998] FCA 198

Robinson, David Charles v Aware Ind Ltd & Ors [1998] FCA 198

It is appropriate to order security for costs since the applicant, an undischarged bankrupt, has not advanced his claim with expedition, the claim is for alleged contraventions of the Trade Practices Act, and the respondents should not be required to proceed to trial at risk of not recovering costs if successful; the general discretion under s 56 applies unfettered by O 28 r 3.

Jurisdiction
Australia
Judgment Date
27 February 1998
Procedural Posture
Motion for Security for Costs / Interlocutory Application Before Trial
Outcome
Security for costs ordered against applicant.
Legal Topics
['security for Costs' 'discretion Under S 56 Federal Court of Australia Act' 'bankruptcy and Litigation' 'trade Practices Act 1974']
['civil Procedure'] ['security for Costs' 'discretion Under S 56 Federal Court of Australia Act' 'bankruptcy and Litigation' 'trade Practices Act 1974']

Case Brief

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Procedural Posture

Motion for Security for Costs / Interlocutory Application Before Trial

Legal Issues

  1. 1 ['Whether security for costs should be ordered against an undischarged bankrupt applicant; Whether assignment of chose in action to applicant brings O 28 r 3(1)(b) and s 56 into play; Factors relevant to the exercise of discretion under s 56 in ordering security for costs']

Ratio Decidendi

It is appropriate to order security for costs since the applicant, an undischarged bankrupt, has not advanced his claim with expedition, the claim is for alleged contraventions of the Trade Practices Act, and the respondents should not be required to proceed to trial at risk of not recovering costs if successful; the general discretion under s 56 applies unfettered by O 28 r 3.

Court Disposition

Security for costs ordered against applicant.

Orders

  • ["Applicant to provide security for respondents' costs up to and including the first day of trial in the sum of $20,000 within 21 days in a form acceptable to a Registrar." 'Application stayed until security is provided.' 'Directions hearing adjourned to a date after 30 March 1998.' 'Costs of application for...