Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wyong-Gosford Progressive Community Radio Inc v Australian Communications Media Authority (No 2) [2006] FCA 1043
PRACTICE AND PROCEDURE – security for costs – whether further security should be ordered – whether security should be paid also to first respondent – impecuniosity – not-for-profit association – merits of application – delay – factors relevant to discretion – duty on litigants to act responsibly – impecuniosity of respondent. Held: Security ordered in the amount of $30,000 in respect of the second respondent; no security ordered in respect of the first respondent.
Federal Court of Australia Act 1976 (Cth) s 56 Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 distinguished Crypta Fuels Pty Ltd and Anor v Svelte Corporation Pty Ltd and Ors (1995) 19 ACSR 68 referred to Friends of Hinchinbrook Society Inc v Minister for Environment and Ors (No 1) (1996) 69 FCR 1 referred to Gartner v Ernst & Young (No 3) [2003] FCA 1437 distinguished The Airtourer Co-operative Ltd v Millicer Aircraft Industries Pty Ltd [2004] FCA 1400 referred to Tobacco Control Coalition Inc v Philip Morris (Australia) Ltd [2000] FCA 1004 referred to Wyong-Gosford Progressive Community Radio Inc v Australian Communications and Media Authority [2006] FCA 625 referred to Wyong-Gosford Progressive Community Radio Inc v Australian Broadcasting Authority and Anor (2003) 125 FCR 560 referred to WYONG-GOSFORD PROGRESSIVE COMMUNITY RADIO INC v AUSTRALIAN COMMUNICATIONS MEDIA AUTHORITY ABN 16 097 897 479 AND GOSFORD CHRISTIAN BROADCASTERS LTD ABN 17 102 927 346 NSD 2258 OF 2005
COWDROY J
11 AUGUST 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2258 OF 2005
BETWEEN: WYONG-GOSFORD PROGRESSIVE COMMUNITY RADIO INC
Applicant
AND: AUSTRALIAN COMMUNICATIONS MEDIA AUTHORITY ABN 16 097 897 479
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