Parle Foods v McClunie Birch [2003] NSWSC 180

Parle Foods v McClunie Birch [2003] NSWSC 180

Evidence established reason to believe plaintiff company would be unable to pay defendants’ future costs; delay not disqualifying due to emergence of recent relevant financial evidence; no proof that those standing behind plaintiff are themselves impecunious; security for costs ordered for costs up to trial preparation.

Jurisdiction
Australia
Judgment Date
21 March 2003
Procedural Posture
Civil / Interlocutory Application for Security for Costs
Outcome
Security for costs ordered
Legal Topics
['security for Costs' 'delay in Application' 'impecuniosity of Plaintiff Company']
['civil Procedure' 'corporations Law'] ['security for Costs' 'delay in Application' 'impecuniosity of Plaintiff Company']

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 the plaintiff company' 'Whether delay disentitles defendants from obtaining security for costs' 'Whether security for costs would operate oppressively to frustrate the litigation']

Ratio Decidendi

Evidence established reason to believe plaintiff company would be unable to pay defendants’ future costs; delay not disqualifying due to emergence of recent relevant financial evidence; no proof that those standing behind plaintiff are themselves impecunious; security for costs ordered for costs up to trial preparation.

Court Disposition

Security for costs ordered

Orders

  • ['Plaintiff to provide defendants security in the sum of $200,000 for costs of the proceedings from 13 March 2003 up to but not including hearing, form of security as agreed between parties or as fixed by a Master if no agreement.' 'Each party has liberty to apply on 48 hours notice regarding security.' 'Costs of...