Berry v Innovia Security Pty Ltd [2014] FCA 357

Berry v Innovia Security Pty Ltd [2014] FCA 357

In light of reciprocal enforcement arrangements with the United Kingdom, the first applicant's sufficient and unencumbered assets there, and undertakings not to encumber or sell without notice, it is appropriate to limit the security for costs to $20,000, as this will adequately protect the respondent without imposing unreasonable burden.

Parties
First Applicant: Benoy Berry; Second Applicant: Global Secure Currency Limited (Company Number 05127761); Respondent: Innovia Security Pty Ltd, formerly known as Securency Pty Ltd (ACN 072 353 452)
Jurisdiction
Australia
Judgment Date
08 April 2014
Procedural Posture
Interlocutory Application / Application for Security for Costs Decision
Outcome
Security for costs ordered in the sum of $20,000, subject to undertakings.
Legal Topics
Security for Costs, Foreign Parties, Enforcement of Judgments
Practice and Procedure Security for Costs Foreign Parties Enforcement of Judgments

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Parties

Benoy Berry

First Applicant

Global Secure Currency Limited (Company Number 05127761)

Second Applicant

Innovia Security Pty Ltd, formerly known as Securency Pty Ltd (ACN 072 353 452)

Respondent

Procedural Posture

Interlocutory Application / Application for Security for Costs Decision

Legal Issues

  1. 1 Whether security for costs should be ordered against foreign applicants with no assets in Australia
  2. 2 Whether the order should relate to the costs of proceedings or the costs of enforcing judgment in the United Kingdom

Ratio Decidendi

In light of reciprocal enforcement arrangements with the United Kingdom, the first applicant's sufficient and unencumbered assets there, and undertakings not to encumber or sell without notice, it is appropriate to limit the security for costs to $20,000, as this will adequately protect the respondent without imposing unreasonable burden.

Court Disposition

Security for costs ordered in the sum of $20,000, subject to undertakings.

Orders

  • Security for costs to be provided by the first applicant in the sum of $20,000.
  • Applicants to prepare orders to give effect to the judgment, to be settled at the next directions hearing.