Battaglia v Provident Capital Limited (In Liquidation) (No 2) [2014] FCA 956

Battaglia v Provident Capital Limited (In Liquidation) (No 2) [2014] FCA 956

The applicant's settled purpose is now to remain in Australia due to his advanced age, family presence, health issues, and the Australian health system, and so he is ordinarily resident in Australia for security for costs purposes; therefore, the application for security for costs is dismissed.

Jurisdiction
Australia
Judgment Date
04 September 2014
Procedural Posture
Interlocutory Application / Hearing and Orders on Security for Costs
Outcome
Application for security for costs dismissed; no order as to costs
Legal Topics
['security for Costs' 'residency of Applicant']
['practice and Procedure'] ['security for Costs' 'residency of Applicant']

Case Brief

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Procedural Posture

Interlocutory Application / Hearing and Orders on Security for Costs

Legal Issues

  1. 1 ['Whether the applicant is ordinarily resident in Australia for the purpose of a security for costs application']

Ratio Decidendi

The applicant's settled purpose is now to remain in Australia due to his advanced age, family presence, health issues, and the Australian health system, and so he is ordinarily resident in Australia for security for costs purposes; therefore, the application for security for costs is dismissed.

Court Disposition

Application for security for costs dismissed; no order as to costs

Orders

  • ['The application for security for costs be dismissed.' 'There be no order as to costs.']