Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Professional Vending Services Pty Ltd v Christou [2010] FCA 580 Citation: Professional Vending Services Pty Ltd v Christou [2010] FCA 580
Parties: PROFESSIONAL VENDING SERVICES PTY LTD (ACN 131 189 789) and AMINA & ASFALIA PTY LTD (ACN 010 560 586) v JIM CHRISTOU, AUSTRALIAN AUTOMATIC VENDING COMPANY PTY LTD (ACN 085 423 490) and GAIL CHRISTOU
File number(s): VID 854 of 2009
Judge: BROMBERG J
Date of judgment: 10 June 2010
Catchwords: COSTS – Security for costs – s 1335 Corporations Act – corporation not impecunious but may not be able to meet an adverse costs order at the time such order would need to be complied with – Threshold test: is there a reason to believe that the corporation would be unable to pay the defendant's costs – Discretionary factors: extent of risk of corporation's inability to meet a costs order and whether unjust to impose an additional financial burden upon the corporation – Security for costs ordered.
Legislation: Corporations Act 2001 (Cth) s 1335(1) Federal Court of Australia Act 1976 (Cth) ss 35A(5) and 56
Cases cited: Acohs Pty Ltd v Ucorp Pty Ltd [2006] FCA 1279 Beach Petroleum NL v Johnson (1992) 7 ACSR 203 Livingspring Pty Ltd v Kliger Partners [2008] VSCA 93
Date of hearing: 11 May 2010
Date of last submissions: 22 April 2010
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 43
Counsel for the Applicants: Ms E Bennett
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