A.C.N. 002 023 609 Pty Limited v Meware Pty Limited [2001] FCA 650

FEDERAL COURT OF AUSTRALIA

A.C.N. 002 023 609 Pty Limited v Meware Pty Limited

[2001] FCA 650

PRACTICE AND PROCEDURE – security for costs – whether Court should exercise power to order security under Federal Court of Australia Act 1976 (Cth) s 56(1) – where power discretionary – whether relevant consideration ability of corporate applicant to pay respondents' costs should applicant's claim fail – whether relevant consideration making of order for security effectively terminating litigation because of applicant's impecuniosity – whether, when applicant incorporated, impecuniosity to be so considered that of corporate applicant or persons standing behind it – whether burden of persuasion on question of impecuniosity of persons standing behind corporate applicant carried by party seeking or party resisting order for security – whether relevant consideration alleged wrongdoing of respondent said to have brought about applicant's impecuniosity – where applicant incorporated and persons standing behind it themselves not shown to be impecunious – whether relevant consideration strength of applicant's case – whether relevant consideration "public interest" element to litigation – quantum of security. Federal Court of Australia Act 1976 (Cth) s 56(1) Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 followed Equity Access Ltd v Westpac Banking Corporation (1989) ATPR 40-972 referred to

A.C.N. 002 023 609 PTY LIMITED v MEWARE PTY LIMITED & ORS N 1147 of 2000 KATZ J SYDNEY 1 JUNE 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1147 of 2000

BETWEEN: A.C.N. 002 023 609 PTY LIMITED

(ACN 002 023 609)

APPLICANT

AND: MEWARE PTY LIMITED

(ACN 080 551 293)

FIRST RESPONDENT

WILLIAM KEEN