Sunshine Energy Australia Pty Ltd v Youssef [2023] FCA 549

Sunshine Energy Australia Pty Ltd v Youssef [2023] FCA 549

Given the applicants remain impecunious, have not complied with previous security for costs orders or paid outstanding costs, and have not demonstrated a material change in circumstances or capacity to provide security, leave to claim the same relief should not be granted at this time; however, leave will not be precluded for all time, and may be granted upon fulfilment of specified conditions including payment of costs and security for costs.

Parties
Applicant: Sunshine Energy Australia Pty Ltd; Applicant: Australia Energy Group Pty Ltd; First Respondent: Anthony John Youssef; Second Respondent: Keppel Renewable Energy Pty Ltd; Third Respondent: Keppel Renewable Energy Australia Pty Ltd; Fourth Respondent: KRE Anchorage Pte Ltd; Fifth Respondent: Harlin Solar Pty Ltd
Jurisdiction
Australia
Judgment Date
29 May 2023
Procedural Posture
Interlocutory Application / Application for Leave to Claim Same Relief in New Proceedings
Outcome
Interlocutory application dismissed; conditional leave for future proceedings granted upon satisfaction of cost and security conditions.
Legal Topics
Leave to Commence Proceedings, Security for Costs, Dismissal for Non Compliance, Fresh Proceedings After Dismissal
Civil Procedure Leave to Commence Proceedings Security for Costs Dismissal for Non Compliance Fresh Proceedings After Dismissal

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Parties

Sunshine Energy Australia Pty Ltd

Applicant

Australia Energy Group Pty Ltd

Applicant

Anthony John Youssef

First Respondent

Keppel Renewable Energy Pty Ltd

Second Respondent

Keppel Renewable Energy Australia Pty Ltd

Third Respondent

KRE Anchorage Pte Ltd

Fourth Respondent

Harlin Solar Pty Ltd

Fifth Respondent

Procedural Posture

Interlocutory Application / Application for Leave to Claim Same Relief in New Proceedings

Legal Issues

  1. 1 Whether leave should be granted to applicants to claim same relief in new proceedings under r 39.03(1)(b) of the Federal Court Rules 2011 (Cth) where previous proceedings were dismissed for failure to comply with a security for costs order;
  2. 2 Whether lack of material change in circumstances, continuing impecuniosity, outstanding costs, and prejudice to respondents should preclude leave.

Ratio Decidendi

Given the applicants remain impecunious, have not complied with previous security for costs orders or paid outstanding costs, and have not demonstrated a material change in circumstances or capacity to provide security, leave to claim the same relief should not be granted at this time; however, leave will not be precluded for all time, and may be granted upon fulfilment of specified conditions including payment of costs and security for costs.

Court Disposition

Interlocutory application dismissed; conditional leave for future proceedings granted upon satisfaction of cost and security conditions.

Orders

  • The Interlocutory Application filed 3 May 2023 be dismissed.
  • The Applicants pay the First Respondent's costs in proceeding QUD 183 of 2022 in the lump sum of $138,000.00.