W.T. Exporters Pty Ltd v Western Sands Ltd [1995] FCA 736

W.T. Exporters Pty Ltd v Western Sands Ltd [1995] FCA 736

The applicant failed to provide sufficiently detailed or independently verified evidence of its ability to satisfy a potential costs order, and has not claimed impecuniosity; therefore, security for costs is appropriately ordered to ensure funding for any adverse costs order against the applicant.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 May 1995
Procedural Posture
Security for Costs Application / Interlocutory
Outcome
Security for costs ordered in favour of respondent; costs awarded to respondent on the motion.
Legal Topics
['security for Costs' 'trade Practices Act' 'company Litigation' 'costs Orders']
['civil Procedure'] ['security for Costs' 'trade Practices Act' 'company Litigation' 'costs Orders']

Source-derived case record

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Procedural Posture

Security for Costs Application / Interlocutory

Legal Issues

  1. 1 ["Whether the applicant company should be ordered to provide security for the respondent's costs" 'Whether the applicant company has demonstrated sufficient capacity to meet a potential costs order']

Ratio Decidendi

The applicant failed to provide sufficiently detailed or independently verified evidence of its ability to satisfy a potential costs order, and has not claimed impecuniosity; therefore, security for costs is appropriately ordered to ensure funding for any adverse costs order against the applicant.

Court Disposition

Security for costs ordered in favour of respondent; costs awarded to respondent on the motion.

Orders

  • ['Applicant to provide security for the respondent’s costs in the sum of $17,250 in such form as may be agreed, or as determined by the Registrar.' 'Liberty to apply reserved.' 'Applicant to pay the respondent’s costs on the motion.']