Mignon Cakes Pty Ltd v Hiltide Pty Ltd [2004] FCA 142

Mignon Cakes Pty Ltd v Hiltide Pty Ltd [2004] FCA 142

Applicant is ordered to provide security for costs of $75,000 within 14 days, balancing the contested allegation that the respondents caused the applicant's impecuniosity and the real substantive issue of liability. No evidence suggests security would stultify the action; costs to be costs in the cause.

Jurisdiction
Australia
Judgment Date
24 February 2004
Procedural Posture
Commercial Civil / Interlocutory Motion for Security for Costs
Outcome
Application granted in part; applicant to provide security for costs
Legal Topics
['security for Costs' 'misrepresentation' 'corporate Litigation']
['corporate Law'] ['security for Costs' 'misrepresentation' 'corporate Litigation']

Case Brief

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Procedural Posture

Commercial Civil / Interlocutory Motion for Security for Costs

Legal Issues

  1. 1 ['Whether the applicant should provide security for costs under s 1335 Corporations Act 2001 (Cth) and Order 28 of Federal Court Rules' "Whether the respondents' alleged conduct caused the impecuniosity of the applicant" 'What amount of security is appropriate']

Ratio Decidendi

Applicant is ordered to provide security for costs of $75,000 within 14 days, balancing the contested allegation that the respondents caused the applicant's impecuniosity and the real substantive issue of liability. No evidence suggests security would stultify the action; costs to be costs in the cause.

Court Disposition

Application granted in part; applicant to provide security for costs

Orders

  • ['Respondents to provide security in the sum of $75,000 within 14 days, failing which the application be stayed.' 'Costs to be costs in the cause.']