Technical Innovation Corp Pty Ltd v Australian Technological Innovation Corp Pty Ltd [1999] FCA 1420

FEDERAL COURT OF AUSTRALIA

Technical Innovation Corp Pty Ltd v Australian Technological Innovation Corp Pty Ltd [1999] FCA 1420 SECURITY FOR COSTS – the Court has a wide discretion to be exercised judicially in determining an application for security – factors include applicant's prospects of success – stifling of meritorious litigation – whether applicant's lack of resources contributed to conduct complained of – public interest in the outcome – looking behind corporate veil to financial substance of persons likely to benefit from the litigation – onus on person likely to benefit to show they are without means – assessment of amount of security on the evidence Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules O 28 Corporations Law s 1335 Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1, applied Cameron's Unit Services Pty Ltd v Kevin R Whelpton & Associates (Australia) Pty Ltd (1986) 13 FCR 46, cited Pasdale Pty Ltd v Concrete Constructions (1995) 131 ALR 268, cited

TECHNICAL INNOVATION CORPORATION PTY LTD & ORS v AUSTRALIAN TECHNOLOGICAL INNOVATION CORPORATION PTY LTD & ORS N 766 OF 1999 TAMBERLIN J SYDNEY 15 OCTOBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 766 OF 1999

BETWEEN: THE TECHNICAL INNOVATION CORPORATION

PTY LIMITED

ACN 075 322 486

First Applicant

THE BIOACT CORPORATION PTY LIMITED

ACN 076 210 761

Second Applicant

BIOACT (PHILIPPINES) PTY LIMITED

ACN 076 830 870

Third Applicant

AND: AUSTRALIAN TECHNOLOGICAL INNOVATION CORPORATION PTY LTD

First Respondent

ACN 003 527 642

Second Respondent

JUDGE: TAMBERLIN J