Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lynx Engineering Consultants Pty Ltd v The ANI Corporation Limited trading as ANI Bradken Rail Transportation Group (No 3) [2010] FCA 32 Citation: Lynx Engineering Consultants Pty Ltd v The ANI Corporation Limited trading as ANI Bradken Rail Transportation Group (No 3) [2010] FCA 32
Parties: LYNX ENGINEERING CONSULTANTS PTY LTD (ACN 059 949 469) v THE ANI CORPORATION LIMITED TRADING AS ANI BRADKEN RAIL TRANSPORTATION GROUP (ACN 000 421 358), BRADKEN RESOURCES PTY LTD (ACN 098 300 988), BRADKEN LIMITED (ACN 108 693 009) and WORLEYPARSONS SERVICES PTY LTD (ACN 001 279 812)
File number(s): WAD 219 of 2006
Judge: MCKERRACHER J
Date of judgment: 2 February 2010
Catchwords: PRACTICE AND PROCEDURE – costs – principles applicable to exercise of discretion to award security for costs – quantum of security – application for gross sum of costs order – assessment of gross sum pursuant to O 62 r 4(2)(c) of the Federal Court Rules(FCR) – application of discount – relationship between assessment of a gross sum and principles of taxation of costs COSTS – strike out application – application for costs to be paid forthwith pursuant to O 62 r 3 FCR – factors relevant to exercise of discretion as to whether costs should be paid forthwith – failure to rectify deficiencies in pleading – relevance of award of security for costs
Legislation: Corporations Act 2001 (Cth) s 1335 Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules O 28, O 62 r 3, O 62 r 4(c)
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