Telstra Corporation Ltd v First Netcom Ltd [1997] FCA 1616

Telstra Corporation Ltd v First Netcom Ltd [1997] FCA 1616

Security for costs is appropriate on the cross-claim at this interlocutory stage, but only in part ($90,000), with review to occur after evidence for the cross-claim is served. Immediate payment of interlocutory costs refused as per usual practice, but an amended application for security in respect of those costs can be made when evidence is available.

Parties
Applicant: Telstra Corporation Limited; Respondent: First Netcom Pty
Jurisdiction
Australia
Judgment Date
31 October 1997
Procedural Posture
Application/interlocutory Proceeding / Interlocutory Application for Security for Costs and Related Orders
Outcome
Security for costs on cross-claim ordered in part; review to occur at later date. Immediate payment of interlocutory costs refused; leave to amend application for security for those costs.
Legal Topics
Security for Costs, Interlocutory Applications
Civil Procedure Security for Costs Interlocutory Applications

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Parties

Telstra Corporation Limited

Applicant

First Netcom Pty

Respondent

Procedural Posture

Application/interlocutory Proceeding / Interlocutory Application for Security for Costs and Related Orders

Legal Issues

  1. 1 Whether security for costs should be ordered on a cross-claim
  2. 2 Whether security for costs should be ordered immediately for interlocutory appeal/application costs

Ratio Decidendi

Security for costs is appropriate on the cross-claim at this interlocutory stage, but only in part ($90,000), with review to occur after evidence for the cross-claim is served. Immediate payment of interlocutory costs refused as per usual practice, but an amended application for security in respect of those costs can be made when evidence is available.

Court Disposition

Security for costs on cross-claim ordered in part; review to occur at later date. Immediate payment of interlocutory costs refused; leave to amend application for security for those costs.

Orders

  • Order that security for costs in respect of the cross-claim be given in the sum of $90,000.
  • Matter to be reviewed at a convenient date in March next year after directions and supply of evidence to support the cross-claim.