Fat-Sel Pty Ltd v. Brambles Holdings Ltd [1985] FCA 242

Fat-Sel Pty Ltd v. Brambles Holdings Ltd [1985] FCA 242

Security should be ordered for costs incurred to date, with liberty to the respondent to apply for further security for costs incurred in the future. The amount ordered for security is to fairly reflect costs already taxed and estimated, without guaranteeing complete indemnity.

Parties
Applicant: FAT-SEL PTY. LIMITED; Respondent: BRAMBLES HOLDINGS LIMITED
Jurisdiction
Australia
Judgment Date
11 June 1985
Procedural Posture
Application for Security for Costs / Interlocutory
Outcome
Application for security for costs granted
Legal Topics
Security for Costs
Civil Procedure Security for Costs

Case Brief

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Parties

FAT-SEL PTY. LIMITED

Applicant

BRAMBLES HOLDINGS LIMITED

Respondent

Procedural Posture

Application for Security for Costs / Interlocutory

Legal Issues

  1. 1 Whether the applicant should be ordered to provide security for the respondent's costs of and incidental to the proceedings

Ratio Decidendi

Security should be ordered for costs incurred to date, with liberty to the respondent to apply for further security for costs incurred in the future. The amount ordered for security is to fairly reflect costs already taxed and estimated, without guaranteeing complete indemnity.

Court Disposition

Application for security for costs granted

Orders

  • The applicant must, on or before 17 June 1985, provide security for the costs of the respondent of and incidental to the proceedings in the sum of $75,000.00, either in cash or otherwise secured to the satisfaction of the Registrar.
  • Unless security is provided as aforesaid, the proceedings be stayed.