Federal Court of Australia
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PRACTICE AND PROCEDURE ~ Security for Costs - lmpecunious company
- source of power - s.56 Federal Court Act - 0.28 Federal Court
Rules - s.533 Companies Code (WA) - s.79 Judiciary Act ~ inherent
jurisdiction inappropriate term - implied incidental power - principles for exercise of discretion ~- whether predisposition to order or unfettered discretion - reliance on possible frustration of applicant's claim - financial standing of parties behind applicant - bona fides and merits of claim - cause of
impecuniosity - delay - quantum - principles on which assessed.
BRYAN E. FENCOTT AND ASSOCIATES PIY CID v ERETTA PTY LTD, JOHN
COOKE, BEMBOKA NOMINEES PTY LTD, NARDO PTY LID AND HIKKADWA PTY LTD WAG No. 83 of 1984
FRENCH J. ed > 31 March 1987 (hry fi~ Perth -
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
NO. WAG 83 of 1984
IN A MATTER of an Application for Damages pursuant to the Trade Practices Act 1974 as amended.
BETWEEN: BRYAN E. FENCOTT AND ASSOCIATES PTY LTD Applicant and
ERETTA PTY LTD
First Respondent
and JOHN COOKE
Second Respondent and
BEMBOKA NOMINEES PTY LID Third Respondent and NARDO PTY LTD Fourth Respondent and HIKKADWA PTY LTD Fifth Respondent
MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J.
DATE OF ORDER: 31 MARCH 1987
WHERE MADE: PERTH
wae
THE COURT ORDERS THAT:
l.
The applicant do on or before 21 April 1987 give further security for the respondents' costs by way of lodgment with the Court of a bank guarantee in the amount of $10,000.00.
Proceedings other than proceedings relating to _ the giving of such security be stayed until the security is given or Further order.
The costs of the motion to be the respondents in any event.
There is liberty to apply generally.
The applicant no later than seven days after giving security as aforesaid, apply to the Registrar for an
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