Turner, W.R. & Ors v. Acfold Investments Pty Ltd [1985] FCA 30

Turner, W.R. & Ors v. Acfold Investments Pty Ltd [1985] FCA 30

Due to the applicants' precarious financial positions and the history of the dispute, the respondents are entitled to some security for their costs. The court accordingly ordered a modest amount as security, to be reviewed at a later stage, and stayed further proceedings until the security is provided.

Parties
First Applicant: Warren Robert Turner; Second Applicant: Cullands Pty Limited; Third Applicant: Lauren Mavis Turner; First Respondent: ANE Second Investments Pty. Limited; Second Respondent: R.B. Foster Pty. Limited; Third Respondent: Harry Londy
Jurisdiction
Australia
Judgment Date
15 February 1985
Procedural Posture
Civil Proceedings Under the Trade Practices Act 1974 / Interlocutory Application for Security for Costs
Outcome
Application granted in part. Security for costs ordered.
Legal Topics
Security for Costs, Stay of Proceedings, Trade Practices Act 1974 Contraventions
Trade Practices Civil Procedure Security for Costs Stay of Proceedings Trade Practices Act 1974 Contraventions

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Warren Robert Turner

First Applicant

Cullands Pty Limited

Second Applicant

Lauren Mavis Turner

Third Applicant

ANE Second Investments Pty. Limited

First Respondent

R.B. Foster Pty. Limited

Second Respondent

Harry Londy

Third Respondent

Procedural Posture

Civil Proceedings Under the Trade Practices Act 1974 / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether the second applicant should provide security for costs for the respondents in ongoing proceedings under the Trade Practices Act 1974
  2. 2 Whether further proceedings should be stayed until such security is provided
  3. 3 Whether liberty to apply for further security or orders should be reserved

Ratio Decidendi

Due to the applicants' precarious financial positions and the history of the dispute, the respondents are entitled to some security for their costs. The court accordingly ordered a modest amount as security, to be reviewed at a later stage, and stayed further proceedings until the security is provided.

Court Disposition

Application granted in part. Security for costs ordered.

Orders

  • The second applicant to provide security in the amount of $2,000.00 for the costs of the respondents in the form of cash within 14 days to the satisfaction of the Registrar.
  • Further proceedings on the second applicant's claim against the respondents be stayed until such security is provided.