Federal Court of Australia
FEDERAL COURT OF AUSTRALIA COSTS - application by respondents for security for costs - first applicant insolvent - other applicants natural persons - overlap of issues in applicants' claims - any costs order to be made likely to be made against all applicants - existence of other applicants who are natural persons material - no suggestion of artificial joinder - order for security would have consequence of stifling litigation - application dismissed. COSTS - application by respondents for costs of interlocutory hearings - application that such costs be payable forthwith - applicant filed and served five statements of claim - final determination of proceeding some distance away - respondents not to receive benefit of costs orders for a considerable time - costs thrown away by respondent - appropriate that costs orders be payable forthwith. Federal Court of Australia Act 1976 (Cth), s 56 Corporations Law, s 1335(1) Federal Court Rules, O 62 r 3(3)
Pacific Acceptance Corporation Ltd v Forsyth (No 2) [1967] 2 NSWR 402, cited Harpur v Ariadne Australia Ltd [1984] 2 Qd R 523, considered Omega Data Furniture Pty Ltd v Email Furniture Ltd (Lindgren J, 22 August 1995, unreported), cited Drangold Pty Ltd v Woody Enterprises Pty Ltd (Drummond J, 13 December 1991, unreported), considered Stack v Brisbane City Council (Drummond J, 12 December 1996, unreported), cited Thunderdome Racetiming and Scoring Pty Ltd v Dorian Industries Pty Ltd (1992) 36 FCR 297, cited
Interwest Ltd v Tricontinental Corporation Ltd (1991) 5 ACSR 621, considered
Allstate Life Insurance Co v Australia & New Zealand Banking Group Limited (No 14) (Lindgren J, 18 August 1995, unreported), cited
Allstate Life Insurance Co v Australia & New Zealand Banking Group Limited ( No 13) (Full Federal Court, 17 August 1995, unreported), cited
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