Turner, W.R. & Ors v. Acfold Investments & Ors [1985] FCA 126

Turner, W.R. & Ors v. Acfold Investments & Ors [1985] FCA 126

The court determined that the second applicant's presence as a substantive party warranted the order for security for costs. The complex nature of the proceedings, the roles of the parties, and previous interlocutory history justified further security being ordered in specified sums for different respondent groups.

Parties
First Applicant: Warren Robert Turner; Second Applicant: Cullands Pty. Limited; Third Applicant: Lauren Mavis Turner; First Respondent: Acfold Investments Pty. Limited; Second Respondent: R.B. Foster Pty. Limited; Third Respondent: Harry Londy
Jurisdiction
Australia
Judgment Date
04 April 1985
Procedural Posture
Civil / Interlocutory (application for Security for Costs)
Outcome
Second applicant ordered to provide further security for costs; proceedings stayed until security provided; liberty to apply for further security reserved.
Legal Topics
Security for Costs
Trade Practices Security for Costs

Case Brief

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Parties

Warren Robert Turner

First Applicant

Cullands Pty. Limited

Second Applicant

Lauren Mavis Turner

Third Applicant

Acfold Investments Pty. Limited

First Respondent

R.B. Foster Pty. Limited

Second Respondent

Harry Londy

Third Respondent

Procedural Posture

Civil / Interlocutory (application for Security for Costs)

Legal Issues

  1. 1 Whether the second applicant should be ordered to provide further security for costs to the respondents.

Ratio Decidendi

The court determined that the second applicant's presence as a substantive party warranted the order for security for costs. The complex nature of the proceedings, the roles of the parties, and previous interlocutory history justified further security being ordered in specified sums for different respondent groups.

Court Disposition

Second applicant ordered to provide further security for costs; proceedings stayed until security provided; liberty to apply for further security reserved.

Orders

  • The second applicant provide security in the amount of $2,500.00 for the costs of the first respondent of the proceedings in the form of cash or otherwise to the satisfaction of the Registrar.
  • The second applicant provide security in the amount of $2,500.00 for the costs of the second and third respondents of these proceedings in the form of cash or otherwise to the satisfaction of the Registrar.