Maxims Entertainment Pty Ltd v Chinatown Enterprises Pty Ltd [2000] FCA 1260

Maxims Entertainment Pty Ltd v Chinatown Enterprises Pty Ltd [2000] FCA 1260

Given the unexplained lengthy delay, poor prospects of success, absence of material to explain delay, and appropriate prior costs quantification, the court exercised discretion to order security for costs of $1850 by the third respondent, failing which the leave application was to stand dismissed.

Jurisdiction
Australia
Judgment Date
05 September 2000
Procedural Posture
Application for Security for Costs / Interlocutory Judgment
Outcome
Application for security for costs granted; third respondent required to pay $1850 to proceed; in default, application dismissed; costs of $1850 for security for costs application ordered against third respondent.
Legal Topics
['security for Costs' 'extension of Time' 'leave to Appeal']
['civil Procedure'] ['security for Costs' 'extension of Time' 'leave to Appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for Security for Costs / Interlocutory Judgment

Legal Issues

  1. 1 ['Whether to order security for costs in the context of an application for leave to file and serve out of time' 'Whether lengthy delay in bringing the application is explained sufficiently' 'Whether prospects of success warrant dispensing with security for costs']

Ratio Decidendi

Given the unexplained lengthy delay, poor prospects of success, absence of material to explain delay, and appropriate prior costs quantification, the court exercised discretion to order security for costs of $1850 by the third respondent, failing which the leave application was to stand dismissed.

Court Disposition

Application for security for costs granted; third respondent required to pay $1850 to proceed; in default, application dismissed; costs of $1850 for security for costs application ordered against third respondent.

Orders

  • ['Security for costs in the amount of $1850 be paid into Court by the third respondent within seven days as a condition to proceed with application. In default, application stands dismissed.' "Third respondent to pay applicants' costs of security for costs application ($1850). In default, application stands...