United Broadcasting International Pty Ltd v TV Plus Int Pty Ltd [2007] FCA 799

United Broadcasting International Pty Ltd v TV Plus Int Pty Ltd [2007] FCA 799

Given the applicants' failure to provide any evidence as to their financial position and the evidence provided by the respondents as to likely costs, and considering the conduct of both parties and the state of the proceedings, it is appropriate to stay the proceeding until the applicants provide security for costs in the sum of $57,500, with liberty to the respondents to move for summary dismissal if security is not provided within 28 days.

Jurisdiction
Australia
Judgment Date
10 May 2007
Procedural Posture
Civil / Interlocutory Application (security for Costs)
Outcome
Proceeding stayed until security for costs provided; directions made as to future steps.
Legal Topics
['security for Costs' 'case Management']
['civil Procedure'] ['security for Costs' 'case Management']

Case Brief

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Procedural Posture

Civil / Interlocutory Application (security for Costs)

Legal Issues

  1. 1 ['Whether the applicants should provide security for costs to the respondents.' 'Whether the proceeding should be stayed pending the provision of security.' 'Whether the respondents should be granted leave to move for summary dismissal if security is not provided.']

Ratio Decidendi

Given the applicants' failure to provide any evidence as to their financial position and the evidence provided by the respondents as to likely costs, and considering the conduct of both parties and the state of the proceedings, it is appropriate to stay the proceeding until the applicants provide security for costs in the sum of $57,500, with liberty to the respondents to move for summary dismissal if security is not provided within 28 days.

Court Disposition

Proceeding stayed until security for costs provided; directions made as to future steps.

Orders

  • ['The proceeding be stayed until security for costs in the sum of $57,500 is furnished by the applicants in a manner satisfactory to the District Registrar.' 'Leave granted to the respondents to move for summary dismissal if security is not provided within 28 days, such a motion returnable before Emmett J for...