Zinc & Copper Corp of Australia Ltd v Outokumpu Zinc Australia Pty Ltd [2002] FCA 458

Zinc & Copper Corp of Australia Ltd v Outokumpu Zinc Australia Pty Ltd [2002] FCA 458

The motion for security for costs must be dismissed because, despite concerns about the financial position of Z & C, there is insufficient evidence, delay in bringing the motion, and no compelling basis for the order given the corporate structure and the particulars before the Court.

Jurisdiction
Australia
Judgment Date
12 April 2002
Procedural Posture
Cross Claim / Motion for Security for Costs
Outcome
motion dismissed with costs
Legal Topics
['security for Costs' 'discretionary Orders' 'impecuniosity' 'jurisdictional Considerations']
['civil Procedure' 'corporations Law'] ['security for Costs' 'discretionary Orders' 'impecuniosity' 'jurisdictional Considerations']

Case Brief

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Procedural Posture

Cross Claim / Motion for Security for Costs

Legal Issues

  1. 1 ['Should the Court order Zinc & Copper Corporation of Australia Ltd to provide security for the costs of the cross-respondents in the cross-claim?']

Ratio Decidendi

The motion for security for costs must be dismissed because, despite concerns about the financial position of Z & C, there is insufficient evidence, delay in bringing the motion, and no compelling basis for the order given the corporate structure and the particulars before the Court.

Court Disposition

motion dismissed with costs

Orders

  • ["The cross-respondents' motion filed 14 August 2001 be dismissed." "The cross-respondents pay the cross-claimant's costs of the motion."]