MHG Plastic Industries Pty Ltd v Quality Assurance Services Pty Ltd [2004] FCA 105

MHG Plastic Industries Pty Ltd v Quality Assurance Services Pty Ltd [2004] FCA 105

Given the uncontradicted evidence of costs, but noting the Court's discretion, the appropriate amount of security to be ordered for each respondent is $300,000, based on evidence and in the interests of justice.

Jurisdiction
Australia
Judgment Date
18 February 2004
Procedural Posture
Civil / Interlocutory Application for Further Security for Costs
Outcome
Application for further security for costs allowed in part; security increased for both respondents; costs orders as per motions.
Legal Topics
['security for Costs' 'costs of Discovery' 'interlocutory Applications']
['civil Procedure'] ['security for Costs' 'costs of Discovery' 'interlocutory Applications']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Interlocutory Application for Further Security for Costs

Legal Issues

  1. 1 ['Whether additional security for costs should be ordered for each respondent and in what amount' 'Appropriate quantum of security for costs given evidence of actual and anticipated costs' 'Appropriate orders as to costs of the motions for security']

Ratio Decidendi

Given the uncontradicted evidence of costs, but noting the Court's discretion, the appropriate amount of security to be ordered for each respondent is $300,000, based on evidence and in the interests of justice.

Court Disposition

Application for further security for costs allowed in part; security increased for both respondents; costs orders as per motions.

Orders

  • ['The orders for security for costs made on 28 June 2002 are varied by increasing the amount of the security to be given to each respondent to $300,000.' 'Security for the increased amount in favour of each respondent is to be provided in a form acceptable to the Registrar within 28 days, failing which the...