Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Madgwick v Kelly [2013] FCAFC 61 Citation: Madgwick v Kelly [2013] FCAFC 61
Appeal from: Application for leave to appeal: Kelly v Willmott Forests Ltd (in liquidation) [2012] FCA 1446
Parties: JONATHAN DAVID MADGWICK and MARCUS DERHAM and JAMES WILLIAM ANTONY HIGGINS and HUGH THOMAS DAVIES and RAYMOND MAXWELL SMITH v DAVID KELLY and MARGARET KELLY and AARON GRANT
File number: VID 31 of 2013
Parties: WILLMOTT FORESTS LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) (ACN 063 263 650) and BIOFOREST LIMITED (ACN 096 335 876) (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) v DAVID KELLY and MARGARET KELLY and AARON GRANT
File number: VID 33 of 2013
Parties: MIS FUNDING NO 1 PTY LTD (ACN 119 268 905) v DAVID KELLY and MARGARET KELLY
File number: VID 34 of 2013
Parties COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124) v AARON GRANT
File number: VID 35 of 2013
Judges: ALLSOP CJ, JESSUP & MIDDLETON JJ
Date of judgment: 14 June 2013
Catchwords: COSTS – security for costs in a class action – whether proceedings defensive – independent operation of s 43(1A) and s 33ZG(c)(v) of the Federal Court of Australia Act 1976 (Cth) – whether the applicant's solicitors are 'standing behind' the litigation – relevance of possible availability of litigation funding – whether an order for security would stifle the proceedings – onus of proof – commercial nature of the litigation – relevance of the characteristics of the group members, including their unwillingness to provide security
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