Encore Holdings Pty Ltd & Anor v Plastech Industries Pty Ltd [1997] FCA 915

Encore Holdings Pty Ltd & Anor v Plastech Industries Pty Ltd [1997] FCA 915

The risk of the Hong Kong Bank failing to honour its undertaking is so remote as to be disregarded for practical purposes; thus, the security provided is sufficient even if the bank is not registered in Australia or Hong Kong is not a scheduled country under the Foreign Judgments Act 1966 (Cth).

Jurisdiction
Australia
Judgment Date
27 August 1997
Procedural Posture
Civil / Interlocutory Motion (security for Costs)
Outcome
respondent's notice of motion dismissed
Legal Topics
['security for Costs' 'enforcement of Judgments' 'form of Security']
['civil Procedure'] ['security for Costs' 'enforcement of Judgments' 'form of Security']

Case Brief

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Procedural Posture

Civil / Interlocutory Motion (security for Costs)

Legal Issues

  1. 1 ['Whether security for costs provided by an overseas bank (Hong Kong and Shanghai Banking Corporation Limited) is sufficient where the bank is not registered in Australia and Hong Kong is not a scheduled country under the Foreign Judgments Act 1966 (Cth)']

Ratio Decidendi

The risk of the Hong Kong Bank failing to honour its undertaking is so remote as to be disregarded for practical purposes; thus, the security provided is sufficient even if the bank is not registered in Australia or Hong Kong is not a scheduled country under the Foreign Judgments Act 1966 (Cth).

Court Disposition

respondent's notice of motion dismissed

Orders

  • ["The respondent's notice of motion be dismissed." 'There be no order as to costs.']