Federal Court of Australia
panes nrerce op pe
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Practice and procedure - security for costs - whether applicant suing for own benefit or for benefit of some other person - creditors of applicant forbearing - whether proceedings brought
for benefit of creditors and not applicant - no assignment of
benefit of litigation -
Federal Court of Australia Act 1976 5.56 Federal Court Rules 0.28 R.3
ROSINA FLORENCE UPTON and LESLIE CHARLES UPTON v. IVW ENTERPRISES LIMITED and HODD WILKINS Pry LTD
No. WA G103 of 1984
TOQHEY J. PERTH 12 December 1984
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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA
( DISTRICT REGISTRY GENERAL DIVISION
No. WA G103 of 1984
we we
BETWEEN:
ROSINA FLORENCE UPTON and LESLIE CHARLES UPTON
Applicants and TVW ENTERPRISES LIMITED
First Respondent and
HODD WILKINS Pry LTD
Second Respondent
OQ R D E R
"
JUDGE _ MAKING ORDER Toohey J.
DATE OF ORDER 12 December 1984
WHERE MADE Perth
oe
THE COURT ORDERS THAT:
1. Paragraph 2 of the first respondent's notice of motion
filed on 23 November 1984 is dismissed.
2. Paragraph 2 of the second respondent's notice of motion
filed on 30 November 1984 is dismissed.
3. The costs of the hearing be the applicants' costs in the
cause.
ere nt ye TE Neem me IN pe tent a SD Sa MAME TE AT a nN mere re TN
meg en ry
we ek =
Sats.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA Gl103 of 1984
ed
BETWEEN:
ROSINA FLORENCE UPTON and LESLIE CHARLES UPTON
-~ Applicants and TVW ENTERPRISES LIMITED First Respondent
and
HODD WILKINS PTY LTD
Second Respondent
CORAM: TOOHEY J. 12 December 1984
REASONS FOR JUDGMENT
By separate motions each respondent seeks an order that
the applicants give security for the costs of these proceedings.
Counsel for the respondents acknowledged the principle that impecuniosity on the part of an applicant is no ground for ordering him to give security for costs. See Barton v. Minister for Foreign Affairs (1984) 54 ALR 586 at 592 where the cases are mentioned. Nor did they rely upon the general provisions of 8.56
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