Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Soh v Commonwealth of Australia [2006] FCA 575
PROCEDURE – costs – security for costs – impecunious applicant resident out of jurisdiction – whether public interest aspects involved in substantive proceedings outweigh prima facie case for security for costs – inadequacy of material to enable fair assessment of possible additional costs occasioned by absence from Australia.
Federal Court of Australia Act 1976 (Cth), s 56(1) Foreign Judgments Act 1991 (Cth), s 5 Federal Court Rules (Cth), O 28 r 3 Foreign Judgment Regulations 1992 (Cth)
Barton v Minister for Foreign Affairs (1984) 2 FCR 463, applied CBS Records Australia Ltd v Telmak Teleproducts (Aust) Pty Ltd (1987) 72 ALR 270, applied P S Chellaram & Co Ltd v China Ocean Shipping Co (1991) 102 ALR 321, applied Qureshi v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 142 FCR 444, discussed Swain Investments Limited v Danumet Pty Limited & Anor (unreported, Supreme Court of New South Wales, Cole J, 5 May 1989), applied JAY HO SOH v COMMONWEALTH OF AUSTRALIA and STATE OF NEW SOUTH WALES NSD 596 OF 2004 MADGWICK J 17 MAY 2006 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 596 OF 2004
BETWEEN: JAY HO SOH
APPLICANT
AND: COMMONWEALTH OF AUSTRALIA
FIRST RESPONDENT
STATE OF NEW SOUTH WALES
SECOND RESPONDENT
JUDGE: MADGWICK J
DATE OF ORDER: 17 MAY 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for security for costs is dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 596 OF 2004
BETWEEN: JAY HO SOH
APPLICANT
AND: COMMONWEALTH OF AUSTRALIA
FIRST RESPONDENT
STATE OF NEW SOUTH WALES
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