Trilogy Computer Systems Pty Limited v CTI Communications Limited [2001] FCA 1778

Trilogy Computer Systems Pty Limited v CTI Communications Limited [2001] FCA 1778

Security for costs should be ordered against the second to fifth applicants, who are ordinarily resident outside Australia, in the amount of $300,000, to be provided by way of bank guarantee by the first applicant, with reasonable costs of the provision of the guarantee (up to $10,000 per annum) treated as a disbursement for taxation purposes.

Jurisdiction
Australia
Judgment Date
06 December 2001
Procedural Posture
Security for Costs Motion / Interlocutory Order
Outcome
Security for costs ordered against second to fifth applicants; costs order on motion made.
Legal Topics
['security for Costs' 'applicants Ordinarily Resident Outside Australia' 'form and Amount of Security']
['practice and Procedure'] ['security for Costs' 'applicants Ordinarily Resident Outside Australia' 'form and Amount of Security']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Security for Costs Motion / Interlocutory Order

Legal Issues

  1. 1 ['Should security for costs be ordered against the second to fifth applicants, who are foreign parties?' 'What form and amount should security take in these circumstances?' 'Should costs of the motion be paid and how should they be apportioned?']

Ratio Decidendi

Security for costs should be ordered against the second to fifth applicants, who are ordinarily resident outside Australia, in the amount of $300,000, to be provided by way of bank guarantee by the first applicant, with reasonable costs of the provision of the guarantee (up to $10,000 per annum) treated as a disbursement for taxation purposes.

Court Disposition

Security for costs ordered against second to fifth applicants; costs order on motion made.

Orders

  • ['Second to Fifth Applicants provide security for costs of Second to Fifth Respondents by way of bank guarantee in a form satisfactory to the Registrar, in the sum of $300,000 to be provided by the First Applicant on or before 8 December 2001.' 'Reasonable costs incurred by First or Second to Fifth Applicants,...