National Institute for Truth Verification v Computer Voice Stress Analyser Pty Ltd [2007] FCA 736

National Institute for Truth Verification v Computer Voice Stress Analyser Pty Ltd [2007] FCA 736

Security for costs should be ordered where the applicant is a foreign corporation without assets in the jurisdiction, has not responded to concerns about meeting adverse costs orders, and no unfair prejudice arises from delay due to mediation.

Jurisdiction
Australia
Judgment Date
15 May 2007
Procedural Posture
Civil / Interlocutory Application for Security for Costs
Outcome
Security for costs ordered; proceedings to be stayed if security not given; costs awarded to respondents
Legal Topics
['security for Costs' 'foreign Corporation' 'copyright' 'mediation Delay' 'misleading or Deceptive Conduct']
['practice and Procedure'] ['security for Costs' 'foreign Corporation' 'copyright' 'mediation Delay' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Civil / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 ['Whether security for costs should be ordered against a foreign corporation with no assets in the jurisdiction' 'Whether the delay in making the application for security prejudices the applicant']

Ratio Decidendi

Security for costs should be ordered where the applicant is a foreign corporation without assets in the jurisdiction, has not responded to concerns about meeting adverse costs orders, and no unfair prejudice arises from delay due to mediation.

Court Disposition

Security for costs ordered; proceedings to be stayed if security not given; costs awarded to respondents

Orders

  • ['Applicant to provide security for costs in the sum of $80,000 by bank guarantee or other agreed form before 12 June 2007' 'Proceedings to be stayed from 13 June 2007 if security not provided' "Applicant to pay respondents' costs of the motion" 'Liberty to apply']