Deangrove Pty Ltd v Buckby [2002] FCA 1544

Deangrove Pty Ltd v Buckby [2002] FCA 1544

Given the applicant is unlikely to be able to meet any costs order, and the absence of evidence showing it would be shut out or that its impecuniosity was caused by the respondents, security for costs should be ordered in the sum of $35,000.

Jurisdiction
Australia
Judgment Date
11 December 2002
Procedural Posture
Motion for Security for Costs / Interlocutory
Outcome
Application for security for costs granted.
Legal Topics
['security for Costs' 'corporations in Litigation']
['corporate Law' 'civil Procedure'] ['security for Costs' 'corporations in Litigation']

Case Brief

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Procedural Posture

Motion for Security for Costs / Interlocutory

Legal Issues

  1. 1 ['Whether security for costs should be ordered against a corporate applicant under s 1335(1) of the Corporations Act 2001 (Cth)']

Ratio Decidendi

Given the applicant is unlikely to be able to meet any costs order, and the absence of evidence showing it would be shut out or that its impecuniosity was caused by the respondents, security for costs should be ordered in the sum of $35,000.

Court Disposition

Application for security for costs granted.

Orders

  • ['The applicant provide security for costs to the respondents, in the form of a bank guarantee from an Australian trading bank in favour of the respondents or as approved by a registrar, in the sum of $35,000.' 'The bank guarantee be provided on or before 30 January 2003.' 'If the applicant fails to provide security...