Zoetis Australia Pty Ltd v Abbott [2019] FCAFC 153

Zoetis Australia Pty Ltd v Abbott [2019] FCAFC 153

Leave to appeal was refused because the applicant did not demonstrate any error by the primary judge in the exercise of discretion. The Full Court was not persuaded that the primary judge failed to undertake the required balancing exercise, took into account forbidden considerations, made a factual error going to the basis of the discretion, or failed to consider potential prejudice to the respondent.

Jurisdiction
Australia
Judgment Date
30 August 2019
Procedural Posture
Application for Leave to Appeal in a Representative Proceeding Concerning Security for Costs / Application for Leave to Appeal From Orders Refusing Security for Costs
Outcome
Application for leave to appeal refused with costs.
Legal Topics
['security for Costs' 'leave to Appeal' 'discretion' 'costs']
['representative Proceedings' 'civil Procedure'] ['security for Costs' 'leave to Appeal' 'discretion' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal in a Representative Proceeding Concerning Security for Costs / Application for Leave to Appeal From Orders Refusing Security for Costs

Legal Issues

  1. 1 ['Whether the primary judge erred in refusing to order security for costs in the primary application.' 'Whether the primary judge failed to undertake the balancing exercise required by Bray v F Hoffman-La Roche Ltd [2003] FCAFC 153; 130 FCR 317 and Madgwick v Kelly [2013] FCAFC 61; 212 FCR 1.' "Whether any alleged factual error went to the basis of the primary judge's exercise of discretion."]

Ratio Decidendi

Leave to appeal was refused because the applicant did not demonstrate any error by the primary judge in the exercise of discretion. The Full Court was not persuaded that the primary judge failed to undertake the required balancing exercise, took into account forbidden considerations, made a factual error going to the basis of the discretion, or failed to consider potential prejudice to the respondent.

Court Disposition

Application for leave to appeal refused with costs.

Orders

  • ['The application for leave to appeal be refused with costs.']