Tucker v McKee (No 2) [2022] FCA 342

Tucker v McKee (No 2) [2022] FCA 342

The identified factual errors were immaterial to the fixing of security for costs, absent materials to fully assess prospects of success; therefore, there is no sufficient basis to set aside or vary the existing orders under rule 39.05.

Jurisdiction
Australia
Judgment Date
04 April 2022
Procedural Posture
Application Under Rule 39.05 to Vary or Set Aside Judgment or Order / Post Judgment Interlocutory Application
Outcome
application dismissed
Legal Topics
['application to Vary or Set Aside Order' 'federal Court Rules 2011 R 39.05' 'security for Costs' 'accidental Slip or Omission']
['practice and Procedure'] ['application to Vary or Set Aside Order' 'federal Court Rules 2011 R 39.05' 'security for Costs' 'accidental Slip or Omission']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under Rule 39.05 to Vary or Set Aside Judgment or Order / Post Judgment Interlocutory Application

Legal Issues

  1. 1 ['Whether factual errors in reasons for judgment warrant setting aside or variation of security for costs order under rule 39.05 of the Federal Court Rules 2011']

Ratio Decidendi

The identified factual errors were immaterial to the fixing of security for costs, absent materials to fully assess prospects of success; therefore, there is no sufficient basis to set aside or vary the existing orders under rule 39.05.

Court Disposition

application dismissed

Orders

  • ['The application to set aside or vary the orders made on 29 March 2022 is dismissed.']