Kurniadi v Loh (No 2) [2005] FCA 976

Kurniadi v Loh (No 2) [2005] FCA 976

Given that the applicants are non-residents without assets in Australia, and for reasons set out regarding the progress and efficiency of the proceedings, security for costs is warranted in the sum of $10,000 for each applicant. Programming directions requiring statements of contentions are appropriate, but substantive progression should await the lead matters.

Jurisdiction
Australia
Judgment Date
15 July 2005
Procedural Posture
Motion for Security for Costs and Programming Orders / Interlocutory
Outcome
Limited security for costs ordered; programming directions given; stay of proceedings against respondent if security not provided by deadline.
Legal Topics
['security for Costs' 'practice and Procedure' 'trade Practices Act S 51 Ac' 'unconscionable Conduct' 'misleading or Deceptive Conduct']
['civil Procedure'] ['security for Costs' 'practice and Procedure' 'trade Practices Act S 51 Ac' 'unconscionable Conduct' 'misleading or Deceptive Conduct']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Motion for Security for Costs and Programming Orders / Interlocutory

Legal Issues

  1. 1 ['Whether security for costs should be ordered against non-resident, non-citizen applicants without assets in Australia' 'Whether programming directions should be given for unrepresented applicants in parallel with represented lead cases']

Ratio Decidendi

Given that the applicants are non-residents without assets in Australia, and for reasons set out regarding the progress and efficiency of the proceedings, security for costs is warranted in the sum of $10,000 for each applicant. Programming directions requiring statements of contentions are appropriate, but substantive progression should await the lead matters.

Court Disposition

Limited security for costs ordered; programming directions given; stay of proceedings against respondent if security not provided by deadline.

Orders

  • ['Applicants in WAD 8 and WAD 18 required to provide $10,000 security for costs to the second respondent by 15 August 2005, by bank guarantee or payment to Registrar.' 'If not paid by 15 August 2005, application stayed against the relevant respondent.' 'Costs of the motion for security reserved.' 'Pleadings...