Logue v Hansen Technologies Ltd [2003] FCA 81

FEDERAL COURT OF AUSTRALIA

Logue v Hansen Technologies Ltd [2003] FCA 81 PRACTICE AND PROCEDURE – security for costs – Federal Court Rules O 28 r 3 – whether applicant "ordinarily resident outside Australia" – discretionary considerations – relevance of applicant's lack of assets in jurisdiction – alternative claim made under s 56 of Federal Court of Australia Act 1976 (Cth) – principles governing exercise of discretion – factors to be taken into account – relevance of applicant's recent receipt of large payment into overseas account – relevance of applicant's lack of assets in jurisdiction – applicant's tenuous links with Australia – whether order for security for costs justified

WORDS AND PHRASES – "ordinarily resident outside Australia"

Federal Court of Australia Act 1976 (Cth) s 51(1) Federal Court Rules, O 28 r 3

Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 at 3-4 referred to Chapman v Luminis Pty Ltd [2002] FCA 496 at [12] referred to FFE Minerals Australia Pty Ltd v Mining Australia Pty Ltd (2000) 22 WAR 241 referred to Barton v Minister for Foreign Affairs (1984) 2 FCR 463 referred to Kent Heating Ltd v Cook-On Gas Products Pty Ltd (1984) 59 ALR 277 at 279 referred to Energy Drilling Inc v Petroz NL (1989) ATPR 40-954 at 50,422 referred to Levene v Inland Revenue Commissioners [1928] AC 217 at 232 considered Inland Revenue Commissioners v Lysaght [1928] AC 234 considered R v Barnet London Borough Council, Ex parte Nilish Shah [1983] 2 AC 309 considered Parkinson v Myer Wolff and Manly (unreported, 23 April 1985) referred to Leyvand v Barash (unreported, Chancery Division, 15 February 2000) referred to Re Erskine (1893-4) 10 TLR 32 referred to Re Brauch (A Debtor), Ex parte Britannic Securities & Investments Ltd [1978] Ch 316 referred to Re Mackenzie [1941] Ch 69 referred to Hopkins v Hopkins [1950] 2 All ER 1035 referred to Appah v Monsen [1967] 1 WLR 893 referred to R v Barnet London Borough Council, ex parte Nilish Shah [1981] 2 WLR 86 referred to Cicutti v Suffolk County Council [1980] 3 All ER 689 referred to Lord v Colvin (1859) 4 Drew. 366 at 376 cited P S Chellaram & Co Ltd v China Ocean Shipping Co (1991) 102 ALR 321 at 323 considered Farmitalia Carlo Erba SRL v Delta West Pty Ltd (1994) 28 IPR 336 referred to Equity Access Ltd v Westpac Banking Corporation (1989) ATPR 40-972 considered Pegasus Gold Inc v Bateman Project Engineering [1999] FCA 1734 at [18] referred to Amalgamated Mining Services Pty Ltd v Warman International Ltd (1988) 19 FCR 324 referred to Fletcher v Federal Commissioner of Taxation (1992) 110 ALR 233 at 238 referred to Jones v Dunkel (1959) 101 CLR 298 referred to DARREN JOHN LOGUE v HANSEN TECHNOLOGIES LIMITED (ACN 090 996 455) and HANSEN CORPORATION ASIA LIMITED V569 of 2002 WEINBERG J 17 FEBRUARY 2003 MELBOURNE