Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Capital Webworks Pty Ltd v Adultshop.com.limited [2002] FCA 1420
COSTS – security for costs – application to vary order for further security – new causes of action – arguable public interest in litigation – applicant a $2.00 company unable to borrow – no material change of circumstances or discovery of relevant new material – no disclosure of persons standing behind company Federal Court of Australia Act 1976 (Cth) ss 56, 56(1), 56(3), 56(4), 56(5) Federal Court Rules O 13 r 2, r 2(2) and r 3(2), O 28 r 5(1), r 5(2) and r 5(3) Darling Harbourside (Sydney) Pty Ltd v Sanirise Pty Ltd (17 May 1996, Beaumont, Carr, Sackville JJ, unreported) referred to Truth about Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd [2001] FCA 1603 referred to Brimaud v Honeysett Instant Print Pty Ltd (Supreme Court of New South Wales, Equity Division, 19 September 1988) referred to Cameron's Unit Services Pty Ltd v Kevin R Whelpton & Associates Pty Ltd (1986) 13 FCR 46 referred to Equity Access Ltd v Westpac Banking Corporation (1989) ATPR 40 – 972 referred to Bell Wholesale Co Pty Ltd v Gates Export Corporation (No 2) (1984) 2 FCR 1 followed Jet Corporation of Australia Pty Ltd v Petres Pty Ltd (1983) 50 ALR 722 considered Sent v Jet Corporation of Australia Pty Ltd (1986) 160 CLR 540 considered Caruso Australia Pty Ltd v Portec (Australia) Pty Ltd (1984) 1 FCR 311 considered CAPITAL WEBWORKS PTY LTD v ADULTSHOP.COM.LIMITED and MALCOLM DAY and MELBOURNE INFORMATION TECHNOLOGIES AUSTRALIA PTY LTD W49 of 2000 RD NICHOLSON J 20 NOVEMBER 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W49 of 2000
BETWEEN: CAPITAL WEBWORKS PTY LTD
APPLICANT
AND: ADULTSHOP.COM.LIMITED
FIRST RESPONDENT
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