Northgas Pty Ltd v Gas & Fuel Corporation of Victoria & Ors [1995] FCA 367

Northgas Pty Ltd v Gas & Fuel Corporation of Victoria & Ors [1995] FCA 367

Given the financial position of Northgas, the lack of personal undertakings from controllers, the realistic potential for significant costs and damages, and the broad discretionary principles governing security, the applicant should be required to provide global security in the amount of $150,000 for both undertakings as to damages and respondents' costs as a condition for continuing interlocutory relief.

Parties
Applicant: Northgas Pty Ltd (ACN 006 176 610); First Respondent: Gas and Fuel Corporation of Victoria; Second Respondent: Gascor; Third Respondent: Elgas Limited (ACN 002 749 260)
Jurisdiction
Australia
Judgment Date
19 May 1995
Procedural Posture
Application for Interlocutory Relief and Security for Costs / Interlocutory Orders Prior to Trial
Outcome
Application for security for costs and undertaking as to damages granted.
Legal Topics
Security for Costs, Undertaking as to Damages, Interlocutory Injunction, Supply Agreements, Trade Practices Act S 46
Commercial Law Competition Law Civil Procedure Security for Costs Undertaking as to Damages Interlocutory Injunction Supply Agreements Trade Practices Act S 46

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Parties

Northgas Pty Ltd (ACN 006 176 610)

Applicant

Gas and Fuel Corporation of Victoria

First Respondent

Gascor

Second Respondent

Elgas Limited (ACN 002 749 260)

Third Respondent

Procedural Posture

Application for Interlocutory Relief and Security for Costs / Interlocutory Orders Prior to Trial

Legal Issues

  1. 1 Whether the applicant should be ordered to provide security for both its undertaking as to damages and the respondents' costs as a condition for continuation of interlocutory relief.
  2. 2 Appropriate quantum and form for security.

Ratio Decidendi

Given the financial position of Northgas, the lack of personal undertakings from controllers, the realistic potential for significant costs and damages, and the broad discretionary principles governing security, the applicant should be required to provide global security in the amount of $150,000 for both undertakings as to damages and respondents' costs as a condition for continuing interlocutory relief.

Court Disposition

Application for security for costs and undertaking as to damages granted.

Orders

  • Applicant to provide security in the sum of $150,000 in a form acceptable to the Registrar for both its undertaking as to damages and for the costs of all respondents up to the determination of the trial fixed to commence on 5 June 1995.
  • If security is not provided, proceedings to be stayed and previous orders to be discharged.