Tobacco Control Coalition Inc v Philip Morris (Australia) Ltd [2000] FCA 1404

Tobacco Control Coalition Inc v Philip Morris (Australia) Ltd [2000] FCA 1404

Time to provide security for costs was extended to 15 December 2000, rather than 31 December 2000, because the original 30 September date was fairly arbitrary, the applicant's position had changed through the engagement of experienced solicitors and counsel and active funding approaches, there was no suggested practical prejudice to the respondents, and the proceeding raised issues of public importance pursued from a sense of public obligation. The matter should nevertheless be resolved before the end of the law year.

Jurisdiction
Australia
Judgment Date
14 September 2000
Procedural Posture
Notice of Motion for Extension of Time to Provide Security for Costs and Variation of a Security for Costs Order / Application Filed on 12 September 2000 After Orders Made on 27 July 2000 Requiring Security for Costs by 30 September 2000
Outcome
Application granted in part; time for providing security for costs extended to 15 December 2000 and costs reserved.
Legal Topics
['security for Costs' 'extension of Time' 'variation of Court Orders' 'self Executing Dismissal Order']
['civil Procedure' 'costs'] ['security for Costs' 'extension of Time' 'variation of Court Orders' 'self Executing Dismissal Order']

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Procedural Posture

Notice of Motion for Extension of Time to Provide Security for Costs and Variation of a Security for Costs Order / Application Filed on 12 September 2000 After Orders Made on 27 July 2000 Requiring Security for Costs by 30 September 2000

Legal Issues

  1. 1 ['Whether the time for the applicant to provide security for costs should be extended beyond 30 September 2000.' 'If time should be extended, whether it should be extended to 31 December 2000 or to an earlier date.']

Ratio Decidendi

Time to provide security for costs was extended to 15 December 2000, rather than 31 December 2000, because the original 30 September date was fairly arbitrary, the applicant's position had changed through the engagement of experienced solicitors and counsel and active funding approaches, there was no suggested practical prejudice to the respondents, and the proceeding raised issues of public importance pursued from a sense of public obligation. The matter should nevertheless be resolved before the end of the law year.

Court Disposition

Application granted in part; time for providing security for costs extended to 15 December 2000 and costs reserved.

Orders

  • ['Order 2 made on 27 July 2000 be varied so as to substitute for the date "30 September 2000" the date "15 December 2000".' 'The costs of the motion for variation be reserved.']