Kelbor Pty Ltd v Ozzz Lo Pty Ltd & Ors [1995] FCA 791

CATCHWORDS PRACTICE AND PROCEDURE - Security for costs - whether credible testimony that applicant would be unable to pay the respondent's costs if respondents were successful - consideration of financial health of applicant company - threshold test not met. Southern Cross Exploration NL v. Fire and All Risks Fire Insurance Company Ltd [1985] 1 NSWLR 114 Beach Petroleum N/L v. Johnson (1992) 7 ACSR 203 Kelbor Pty Ltd v. Ozzz Lo Pty Ltd, Robert Arthur Bool, Joyce Mary Bool and Jean Bool No. QG112 of 1995 Cooper J., Brisbane, 6 October 1995

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No. QG112 of 1995 BETWEEN: KELBOR PTY LTD Applicant AND: OZZZ LO PTY LTD First Respondent AND: ROBERT ARTHUR BOOL Second Respondent AND: JOYCE MARY BOOL Third Respondent AND: JEAN BOOL Fourth Respondent JUDGE MAKING ORDER:Cooper J. WHERE MADE: Brisbane DATE OF ORDER: 6 October 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The notice of motion filed 21 September 1995 be dismissed. 2. The respondents pay the applicant, Kelbor Pty Ltd, costs of and incidental to the notice of motion to be taxed if not agreed. THE COURT DIRECTS THAT: 1. The affidavit of Thomas Hope filed 5 October 1995 and the affidavit of Robert Arthur Bool filed 5 October 1995 be sealed up and not opened without the prior order of the court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No. QG112 of 1995 BETWEEN: KELBOR PTY LTD Applicant AND: OZZZ LO PTY LTD First Respondent AND: ROBERT ARTHUR BOOL Second Respondent AND: JOYCE MARY BOOL Third Respondent AND: JEAN BOOL Fourth Respondent