Epikk International Pty Ltd v Australian Football League & Ors [1995] FCA 742

Epikk International Pty Ltd v Australian Football League & Ors [1995] FCA 742

The applicant has not discharged the onus of showing that those who stand behind it are without funds to provide security or that its impecuniosity is attributable to respondents' conduct. There is no acceptable evidence that the beneficiaries lack sufficient assets and the court is not satisfied that the order for security would stifle the litigation. Accordingly, security for costs should be ordered.

Jurisdiction
Australia
Judgment Date
15 September 1995
Procedural Posture
Security for Costs Application / Interlocutory
Outcome
Security for costs ordered against applicant.
Legal Topics
['security for Costs' 'trusts' 'corporate Applicants' 'trade Practices']
['civil Procedure'] ['security for Costs' 'trusts' 'corporate Applicants' 'trade Practices']

Case Brief

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Procedural Posture

Security for Costs Application / Interlocutory

Legal Issues

  1. 1 ['Whether security for costs should be ordered against a trustee applicant with potential recourse to trust beneficiaries or assets' 'Whether trading difficulties of applicant are attributable to respondents’ conduct so as to affect the security order']

Ratio Decidendi

The applicant has not discharged the onus of showing that those who stand behind it are without funds to provide security or that its impecuniosity is attributable to respondents' conduct. There is no acceptable evidence that the beneficiaries lack sufficient assets and the court is not satisfied that the order for security would stifle the litigation. Accordingly, security for costs should be ordered.

Court Disposition

Security for costs ordered against applicant.

Orders

  • ['Applicant to provide security in a form acceptable to the District Registrar for costs up to and including the first day of trial as follows: (a) $12,000 for first respondent; (b) $12,000 for second and third respondents jointly; (c) $12,000 for fourth and fifth respondents jointly.' 'Applicant’s proceedings...