Joey Construction Pty Ltd v IT Environmental (Australia) Pty Ltd (No 2) [2018] FCA 1740

Joey Construction Pty Ltd v IT Environmental (Australia) Pty Ltd (No 2) [2018] FCA 1740

Given the applicant Joey Construction was in liquidation with a deficiency of assets, no challenge to evidence of likely legal costs, and no evidence that an order would stifle a meritorious claim or that impecuniosity arose from conduct subject of the proceedings, security for costs was ordered in the amount of $183,709.75.

Jurisdiction
Australia
Judgment Date
15 October 2018
Procedural Posture
Interlocutory Application for Security for Costs / Determination of Security for Costs Application
Outcome
Security for costs ordered
Legal Topics
['security for Costs' 'impecuniosity' 'liquidation' 'federal Court Procedure']
['practice and Procedure' 'commercial Law' 'corporations Law'] ['security for Costs' 'impecuniosity' 'liquidation' 'federal Court Procedure']

Case Brief

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Procedural Posture

Interlocutory Application for Security for Costs / Determination of Security for Costs Application

Legal Issues

  1. 1 ['Whether an order for security for costs should be made under s 56 of the Federal Court of Australia Act 1976 (Cth) and s 1335 of the Corporations Act 2001 (Cth)']

Ratio Decidendi

Given the applicant Joey Construction was in liquidation with a deficiency of assets, no challenge to evidence of likely legal costs, and no evidence that an order would stifle a meritorious claim or that impecuniosity arose from conduct subject of the proceedings, security for costs was ordered in the amount of $183,709.75.

Court Disposition

Security for costs ordered

Orders

  • ['The applicant must provide $183,709.75 as security for the respondent’s costs by payment into court or an acceptable bank guarantee.' 'Payment to be made within 28 days of the order.' 'If the applicant fails to comply with orders 1 and 2, proceedings stayed until security is provided.' 'If security is not provided...