Impact Office Systems Pty Ltd & Anor v Impact Computers & Electronics Pty Ltd & Anor [1996] FCA 775

Impact Office Systems Pty Ltd & Anor v Impact Computers & Electronics Pty Ltd & Anor [1996] FCA 775

Given the applicants' corporate and trust structures and the potential for difficulty in enforcing future costs orders, orders for provision of security for costs should be made against both applicants, with security amounts reflecting the distinct causes of action and business circumstances.

Jurisdiction
Australia
Judgment Date
02 September 1996
Procedural Posture
Civil / Interlocutory Application for Security for Costs
Outcome
Application for security for costs granted against both applicants.
Legal Topics
['security for Costs' 'passing Off' 'trade Name' 'trust Structure']
['commercial Law' 'trade Practices'] ['security for Costs' 'passing Off' 'trade Name' 'trust Structure']

Case Brief

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Procedural Posture

Civil / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 ['Whether security for costs should be ordered against applicants who are companies' 'Whether trustee status or corporate structure impacts the appropriateness of security for costs' 'Assessment of sufficiency and appropriateness of security sums']

Ratio Decidendi

Given the applicants' corporate and trust structures and the potential for difficulty in enforcing future costs orders, orders for provision of security for costs should be made against both applicants, with security amounts reflecting the distinct causes of action and business circumstances.

Court Disposition

Application for security for costs granted against both applicants.

Orders

  • ["Impact Office Systems Pty. Ltd. to give security for respondents' costs in the sum of $5,000 by 30 September 1996, as directed by the District Registrar." "Impact Data Services Pty. Ltd. to give security for respondents' costs in the sum of $25,000 by 30 September 1996, as directed by the District Registrar." 'If...