KP Cable Investments Pty Ltd v Meltglow Pty Ltd & Ors [1995] FCA 76

KP Cable Investments Pty Ltd v Meltglow Pty Ltd & Ors [1995] FCA 76

As a substantial part of the applicant's claim is offensive in character, it is appropriate to order security for costs; the proceedings are partly defensive and partly offensive, and the undertakings offered by the principals do not suffice because available personal assets can be used to secure a charge. Security should be provided by way of a charge over rugs and antiques to the value of $7,000 and cover costs up to and including discovery and inspection.

Jurisdiction
Australia
Judgment Date
28 February 1995
Procedural Posture
Application for Security for Costs and Related Orders / Interlocutory
Outcome
Security for costs ordered
Legal Topics
['security for Costs' "directors' Duties" 'shareholder Disputes' 'joint Venture Agreements' 'oppression Remedy']
['civil Procedure' 'corporations Law'] ['security for Costs' "directors' Duties" 'shareholder Disputes' 'joint Venture Agreements' 'oppression Remedy']

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Procedural Posture

Application for Security for Costs and Related Orders / Interlocutory

Legal Issues

  1. 1 ['Whether security for costs should be ordered given the characterisation of the proceedings as defensive or offensive' 'Appropriate form and quantum of security for costs where undertakings or guarantees are offered by company principals' "Consequence of a party's breach of court undertakings on entitlement to costs"]

Ratio Decidendi

As a substantial part of the applicant's claim is offensive in character, it is appropriate to order security for costs; the proceedings are partly defensive and partly offensive, and the undertakings offered by the principals do not suffice because available personal assets can be used to secure a charge. Security should be provided by way of a charge over rugs and antiques to the value of $7,000 and cover costs up to and including discovery and inspection.

Court Disposition

Security for costs ordered

Orders

  • ['The applicant provide security for costs for the proceedings up to and including discovery and inspection of documents in the sum of $7,000, such security to be provided by way of a charge over the rugs and antiques of Paula Kinsella.' 'The proceedings be stayed pending the provision of security.' "The applicant...