Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Power Infrastructure Pty Ltd v Downer EDI Engineering Power Pty Ltd [2010] FCA 1222 Citation: Power Infrastructure Pty Ltd v Downer EDI Engineering Power Pty Ltd [2010] FCA 1222
Parties: POWER INFRASTRUCTURE PTY LIMITED (ACN 126 099 643) v DOWNER EDI ENGINEERING POWER PTY LIMITED (ACN 000 983 700)
File number: NSD 692 of 2010
Judge: KATZMANN J
Date of judgment: 10 November 2010
Catchwords: PRACTICE AND PROCEDURE – security for costs – credible testimony that there is reason to believe that the applicant corporation will be unable to pay the respondent's costs if successful – applicant company argued that it was not impecunious as it was owed a debt by the respondent or had a right to damages for breach of contract – where the alleged debt or right to damages is the subject of the proceedings
Legislation: Corporations Act 2001 (Cth), s 1335(1)
Cases cited: Beach Petroleum NL v Johnson (1992) 7 ACSR 203 not followed FFE Minerals Australia Pty Ltd v Mining Australia Pty Ltd [2000] WASCA 69, 22 WAR 241 cited Fiduciary Ltd v Morningstar Research Pty Ltd [2004] NSWSC 664, 208 ALR 564 applied Health Information Pharmacy Franchising Pty Ltd v Khoo [2010] FCA 438 applied Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 744 applied Jazabas Pty Ltd v Haddad [2007] NSWCA 291, 65 ACSR 276 applied KP Cable Investments v Meltglow Pty Ltd (1985) 56 FCR 189 applied Livingspring Pty Ltd v Kliger Partners [2008] VSCA 93, 20 VR 377 applied Reinsurance Australia Corporation Ltd v HIH Casualty & General Insurance (in liq) [2003] FCA 803 applied Smart Co Pty Ltd v Clipsal Australia Pty Ltd [2009] FCA 1253 applied Soul Pattinson Telecommunications Pty Ltd v Subex Americas Inc [2009] FCA 651 cited Tradestock Pty Limited v TNT (Management) Pty Limited (1977) 14 ALR 52 cited
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