Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Equity Investors, An Arizona Limited Partnership v Colliers International (NSW) Pty Limited [2012] FCAFC 57 Citation: Australian Equity Investors, an Arizona Limited Partnership v Colliers International (NSW) Pty Limited [2012] FCAFC 57
Appeal from: Australian Equity Investors, An Arizona Limited Partnership v Colliers International (NSW) Pty Limited (No 5) [2011] FCA 1041
Parties: AUSTRALIAN EQUITY INVESTORS, AN ARIZONA LIMITED PARTNERSHIP and THE 258 NEST, AN ARIZONA LIMITED PARTNERSHIP v COLLIERS INTERNATIONAL (NSW) PTY LIMITED
File number: NSD 1605 of 2011
Judges: JACOBSON, BESANKO & PERRAM JJ
Date of judgment: 3 April 2012
Corrigendum: 20 April 2012
Catchwords: PRACTICE AND PROCEDURE – Security for costs – whether the fact that the applicant had succeeded at the determination of a preliminary separate question is relevant to the ordering of security for costs and, if so, the extent to which it is relevant – whether the evidence established that an order for security for costs would stifle the litigation – whether creditors who will benefit from the litigation must also 'stand behind' the applicant in order for their financial circumstances to be relevant
Legislation: Trade Practices Act 1974 (Cth) ss 52, 53A
Cases cited: Ariss v Express Interiors Pty Ltd (In Liq) [1996] 2 VR 507 cited Australian Equity Investors, An Arizona Limited Partnership v Colliers International (NSW) Pty Limited [2010] FCA 254 cited Australian Equity Investors, An Arizona Limited Partnership v Colliers International (NSW) Pty Limited [2011] FCA 1198 cited Australian Equity Investors, An Arizona Limited Partnership v Colliers International (NSW) Pty Limited (No 2) [2010] FCA 1209 cited Australian Equity Investors, An Arizona Limited Partnership v Colliers International (NSW) Pty Limited (No 3) [2011] FCA 100 cited Australian Equity Investors, An Arizona Limited Partnership v Colliers International (NSW) Pty Limited (No 4) [2011] FCA 442 cited Australian Equity Investors, An Arizona Limited Partnership v Colliers International (NSW) Pty Limited (No 5) [2011] FCA 1041 cited Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd [1997] AC 191 cited Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 explained Caruso Australia Pty Ltd v Portec (Aust) Pty Ltd (1984) 1 FCR 311 cited Cosdean Investments Pty Ltd v Football Federation of Australia Limited (No 2) [2007] FCA 163 approved Kenny & Good Pty Limited v MGICA (1992) Limited (1999) 199 CLR 413 cited
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