Trendax Pty Ltd v Wheeler, Ian William & Ors [1987] FCA 794

Trendax Pty Ltd v Wheeler, Ian William & Ors [1987] FCA 794

An order for security for costs is appropriate in this case given the applicant's limited assets and the absence of prejudice to the applicant from the respondents' timing in seeking security; and there is insufficient reason to vacate the hearing date as respondents will have had reasonable time to prepare.

Parties
Applicant: Trendax Pty Limited; First Respondent: Ian William Wheeler; Second Respondent: Newcastle Importers Australia Pty Limited; Third Respondent: Ian & Sons Wholesale Pty Limited; Fourth Respondent: Garth Griffiths; Fifth Respondent: Griffiths Shearman Real Estate Pty Limited trading as "Wilsons Business Brokers"; Second First Cross Respondent: John George Kerr; Third First Cross Respondent: Kim Reginald Sharpe
Jurisdiction
Australia
Judgment Date
08 December 1987
Procedural Posture
Security for Costs Application and Related Orders / Interlocutory Hearing
Outcome
Order for security for costs granted; application to vacate hearing date refused; extension for service of answers to interrogatories granted.
Legal Topics
Security for Costs, Adjournment of Hearing, Interrogatories
Civil Procedure Security for Costs Adjournment of Hearing Interrogatories

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

Parties

Trendax Pty Limited

Applicant

Ian William Wheeler

First Respondent

Newcastle Importers Australia Pty Limited

Second Respondent

Ian & Sons Wholesale Pty Limited

Third Respondent

Garth Griffiths

Fourth Respondent

Griffiths Shearman Real Estate Pty Limited trading as "Wilsons Business Brokers"

Fifth Respondent

John George Kerr

Second First Cross Respondent

Kim Reginald Sharpe

Third First Cross Respondent

Procedural Posture

Security for Costs Application and Related Orders / Interlocutory Hearing

Legal Issues

  1. 1 Whether security for costs should be ordered against the applicant
  2. 2 Whether the hearing date should be vacated due to insufficient time for respondents to prepare
  3. 3 Whether time for service of answers to interrogatories should be extended

Ratio Decidendi

An order for security for costs is appropriate in this case given the applicant's limited assets and the absence of prejudice to the applicant from the respondents' timing in seeking security; and there is insufficient reason to vacate the hearing date as respondents will have had reasonable time to prepare.

Court Disposition

Order for security for costs granted; application to vacate hearing date refused; extension for service of answers to interrogatories granted.

Orders

  • Applicant to pay or provide security for costs in the sum of $10,000 by 12 noon on Thursday 10 December 1987 in interest bearing account in joint names of solicitors for the applicant and the first to third respondents, and fourth and fifth respondents.
  • Funds to be held until further order of the Court.