N J Cincotta Pty Ltd v Australia & New Zealand Banking Group Ltd & Anor [1995] FCA 963

N J Cincotta Pty Ltd v Australia & New Zealand Banking Group Ltd & Anor [1995] FCA 963

Given the applicant company's financial state and the risk that it would be unable to pay costs if ordered, and that persons interested in or benefitting from the proceedings may be able to provide security, an order for security for costs is appropriate in principle.

Parties
Applicant: N.J. Cincotta Pty Limited; First Respondent: Australia & New Zealand Banking Group Limited; Second Respondent: Barclays Bank Australia Limited
Jurisdiction
Australia
Judgment Date
13 November 1995
Procedural Posture
Motion / Security for Costs Application
Outcome
Motions for security for costs adjourned for further proposal regarding form of security.
Legal Topics
Security for Costs, Corporate Insolvency, Costs Orders
Civil Procedure Security for Costs Corporate Insolvency Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

N.J. Cincotta Pty Limited

Applicant

Australia & New Zealand Banking Group Limited

First Respondent

Barclays Bank Australia Limited

Second Respondent

Procedural Posture

Motion / Security for Costs Application

Legal Issues

  1. 1 Whether an order for security for costs should be made against the applicant company

Ratio Decidendi

Given the applicant company's financial state and the risk that it would be unable to pay costs if ordered, and that persons interested in or benefitting from the proceedings may be able to provide security, an order for security for costs is appropriate in principle.

Court Disposition

Motions for security for costs adjourned for further proposal regarding form of security.

Orders

  • The motions seeking security for costs be adjourned to 9 am on 29 November 1995.