Kaldover Pty Ltd v Maher, C.M. & Ors [1987] FCA 391

Kaldover Pty Ltd v Maher, C.M. & Ors [1987] FCA 391

The applicant should provide security for costs because of its insolvency, the correspondence suggesting inconsistencies with pleadings, the second respondent's role as agent, and the unequal distribution of risk between parties. Failure to make payments by specified dates shall result in a stay as against the second respondent.

Parties
Applicant: Kaldover Pty. Ltd.; First Respondent: Clair Margaret Maher; First Respondent: Joan Patricia Friel Maher; Second Respondent: Patten Trewin
Jurisdiction
Australia
Judgment Date
20 July 1987
Procedural Posture
Application for Security for Costs / Interlocutory Judgment
Outcome
Security for costs ordered; application stayed as against second respondent if payment not made; costs awarded to second respondent.
Legal Topics
Security for Costs, Agency, Fraud, Negligence
Civil Procedure Security for Costs Agency Fraud Negligence

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Kaldover Pty. Ltd.

Applicant

Clair Margaret Maher

First Respondent

Joan Patricia Friel Maher

First Respondent

Patten Trewin

Second Respondent

Procedural Posture

Application for Security for Costs / Interlocutory Judgment

Legal Issues

  1. 1 Whether security for costs should be ordered against the applicant for the benefit of the second respondent.
  2. 2 Whether the second respondent, acting as an agent, may be personally liable for alleged fraud, negligence, or involvement in contravention of s.52.

Ratio Decidendi

The applicant should provide security for costs because of its insolvency, the correspondence suggesting inconsistencies with pleadings, the second respondent's role as agent, and the unequal distribution of risk between parties. Failure to make payments by specified dates shall result in a stay as against the second respondent.

Court Disposition

Security for costs ordered; application stayed as against second respondent if payment not made; costs awarded to second respondent.

Orders

  • Applicant to lodge with District Registrar at Brisbane as security for costs of second respondent the sum of $15,000: $2,000 on or before 3 August 1987; $4,000 on or before 7 September 1987; $9,000 not less than five weeks prior to date fixed for trial.
  • Should applicant fail to make any of the payments, application shall be stayed as against the second respondent.