Massey Trading Pty Ltd v Intoto Pty Ltd [2001] FCA 1242

FEDERAL COURT OF AUSTRALIA

Massey Trading Pty Ltd v Intoto Pty Ltd [2001] FCA 1242 PRACTICE AND PROCEDURE – security for costs – security previously granted in proceedings – no material change in financial circumstances of first applicant since then – second applicants using superannuation funds to cover costs of litigation for both applicants – whether circumstances are such that the second applicants who stand behind the first applicant will benefit if the litigation is successful when they are also without financial means – whether prima facie unfairness to first to fifth respondents can be relieved by an order for security – order for security granted.

Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 followed Massey Trading Pty Ltd v Intoto Pty Ltd [2000] FCA 1380 referred to MASSEY TRADING PTY LIMITED, STANLEY VICTOR DOWSE AND SUSAN MARGARET DOWSE v INTOTO PYT LIMITED, CAPECAST PTY LIMITED, KEIRAN BRIAN O'CONNOR, BRETT DOUGLAS KENYON, BRENDON LUNNEY MERELYN AKED, PETER KLIMT AND KERRY SIDAWAY INTOTO PTY LIMITED v GARY LINDSAY STANMORE AND RORY FRANCIS O'BRIEN t/as BAYSIDE BUSINESS BROKERS CAPECAST PTY LIMITED v STANLEY VICTOR DOWSE AND SUSAN MARGARET DOWSE

NG 1057 OF 1998

CONTI J 4 SEPTEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1057 OF 1998

BETWEEN: MASSEY TRADING PTY LIMITED

FIRST APPLICANT

STANLEY VICTOR DOWSE AND SUSAN MARGARET DOWSE

SECOND APPLICANT

AND: INTOTO PTY LIMITED

FIRST RESPONDENT

CAPECAST PTY LIMITED

SECOND RESPONDENT

KEIRAN BRIAN O'CONNOR

THIRD RESPONDENT

BRETT DOUGLAS KENYON

FOURTH RESPONDENT

BRENDON LUNNEY

FIFTH RESPONDENT