Ecopave Australia Holdings Pty Ltd v Adbri Masonry Group Pty Ltd [2011] FCA 892

Ecopave Australia Holdings Pty Ltd v Adbri Masonry Group Pty Ltd [2011] FCA 892

The evidence before the court does not establish that the applicant lacks capacity to meet a potential costs order or is impecunious; thus, the requirements for an order for security for costs have not been met.

Parties
Applicant: Ecopave Australia Holdings Pty Ltd; Respondent: Adbri Masonry Group Pty Ltd
Jurisdiction
Australia
Judgment Date
05 August 2011
Procedural Posture
Appeal From Registrar of Trademarks Decision / Interlocutory (application for Security for Costs)
Outcome
Notice of motion for security for costs dismissed
Legal Topics
Security for Costs, Impecuniosity, Costs Orders
Civil Procedure Security for Costs Impecuniosity Costs Orders

Case Brief

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Parties

Ecopave Australia Holdings Pty Ltd

Applicant

Adbri Masonry Group Pty Ltd

Respondent

Procedural Posture

Appeal From Registrar of Trademarks Decision / Interlocutory (application for Security for Costs)

Legal Issues

  1. 1 Whether the respondent is entitled to an order for security for costs against the applicant
  2. 2 Whether the applicant is impecunious or unable to meet a potential costs order

Ratio Decidendi

The evidence before the court does not establish that the applicant lacks capacity to meet a potential costs order or is impecunious; thus, the requirements for an order for security for costs have not been met.

Court Disposition

Notice of motion for security for costs dismissed

Orders

  • The notice of motion filed by the respondent on 30 June 2011 is dismissed.
  • No order as to costs in relation to the notice of motion.