Lisa Joy Pty Ltd v Brothers Neilsen International Pty Ltd [2003) FCA 986

Security for costs is ordered in the amount of $18,000 because applicant corporation is unable to meet an order for costs, and security should not be on a full indemnity basis but set at a fair and just amount considering the relevant estimates and principles.

Jurisdiction: Australia
Judgment Date: 16 September 2003
Procedural Posture: Notice of Motion Seeking Security for Costs / Ruling on Application for Security for Costs
Outcome: Application for security for costs granted. Proceedings stayed until security of $18,000 is provided to satisfaction of Registrar.
Legal Topics: ['security for Costs' 'impecuniosity' 'discretionary Powers']

['civil Procedure' 'corporations Law'] ['security for Costs' 'impecuniosity' 'discretionary Powers']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Notice of Motion Seeking Security for Costs / Ruling on Application for Security for Costs

Legal Issues

1 ['Whether security for costs should be ordered against the applicant company.' 'The amount of security to be ordered.' 'Impecuniosity of applicant and its effect on security for costs.']

Ratio Decidendi

Court Disposition

Application for security for costs granted. Proceedings stayed until security of $18,000 is provided to satisfaction of Registrar.

Orders

['The proceedings be stayed unless and until the applicant provides security in the sum of $18,000 to the satisfaction of the Registrar.' "The costs of the application for security for costs be the parties' costs in the cause."]