Gulf Conveyor Systems Pty Ltd v Gulf Integrated Systems Solutions Pty Ltd [2020] FCA 1245

Gulf Conveyor Systems Pty Ltd v Gulf Integrated Systems Solutions Pty Ltd [2020] FCA 1245

The referee followed correct principles, had regard to submissions and evidence, and reached conclusions regarding the need for, and quantum of, security for costs without error of principle or reasoning. No proper ground was established to reject or vary the report; therefore, the report should be adopted in full and security ordered as recommended.

Jurisdiction
Australia
Judgment Date
28 August 2020
Procedural Posture
Practice and Procedure—security for Costs Application / Post Referee Report; Determination on Papers Regarding Adoption, Variation, or Rejection of Referee's Report
Outcome
Report of referee wholly adopted; security for costs ordered.
Legal Topics
['security for Costs' "appointment and Adoption of Referee's Report" 'use of Referees Under S 54 a Federal Court of Australia Act 1976']
['practice and Procedure' 'corporations Law' 'commercial Law'] ['security for Costs' "appointment and Adoption of Referee's Report" 'use of Referees Under S 54 a Federal Court of Australia Act 1976']

Case Brief

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Procedural Posture

Practice and Procedure—security for Costs Application / Post Referee Report; Determination on Papers Regarding Adoption, Variation, or Rejection of Referee's Report

Legal Issues

  1. 1 ['Should the referee’s report relating to security for costs be adopted, varied, or rejected?' 'Is there reason to believe the applicant would be unable to pay the respondents’ costs?' 'What is the appropriate amount, form, and timing for the provision of security?']

Ratio Decidendi

The referee followed correct principles, had regard to submissions and evidence, and reached conclusions regarding the need for, and quantum of, security for costs without error of principle or reasoning. No proper ground was established to reject or vary the report; therefore, the report should be adopted in full and security ordered as recommended.

Court Disposition

Report of referee wholly adopted; security for costs ordered.

Orders

  • ['1. The report of the referee dated 1 July 2020 be adopted in whole.' "2. The applicant provide security for the respondents' costs in the sum of $727,000." "3. The amount be paid in two tranches: $400,000 within 28 days and the balance by the time the applicant's evidence in chief is filed." '4. The security be...