Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Goodman v Thomson Maloney & Partners Pty Ltd trading as Charter Keck Cramer [2010] FCA 1264 Citation: Goodman v Thomson Maloney & Partners Pty Ltd trading as Charter Keck Cramer [2010] FCA 1264
Appeal from: Application for leave to appeal: Goodman v Thomson Maloney & Partners Pty Ltd trading as Charter Keck Cramer [2010] FCA 1185
Parties: MORRIS GOODMAN, GRETA GOODMAN and WORLDWIDE ENTERPRISES PTY LTD (ACN 083 154 741) (IN LIQUIDATION) v THOMSON MALONEY & PARTNERS PTY LTD (ACN 006 085 141) TRADING AS CHARTER KECK CRAMER
File number: VID 947 of 2010
Judge: JESSUP J
Date of judgment: 12 November 2010
Corrigendum: 16 December 2010
Catchwords: PRACTICE AND PROCEDURE – Security for costs – Natural persons – Effect of circumstance that applicants are natural persons rather than corporations – Effect of circumstance that applicants are impecunious – Whether court's discretion to order security for costs is limited by a general principle that natural persons should not be obliged to provide security for costs on account of their impecuniosity in absence of special circumstances – Whether applicants' poor prospects of success are relevant to the exercise of discretion
Legislation: Federal Court of Australia Act 1976 (Cth) ss 25, 56 Federal Court Rules O 52 r 10
Cases cited: Barton v Minister for Foreign Affairs (1984) 2 FCR 463 Chang v Comcare [1999] FCA 1677 Cowell v Taylor (1885) 31 Ch I 34 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 396 James v Australia and New Zealand Banking Group Limited (1985) 9 FCR 442 Knight v Beyond Properties Proprietary Limited (2005) FCA 764 Melville v Craig Nowlan & Associates Pty Ltd (2002) 54 NSWLR 82 Pearson v Naydler (1977) 1 WLR 899 Randall v the Deputy Commissioner of Taxation (2008) 110 ALD 41 Re CSR Limited (2010) 265 ALR 703 Tait v Bindal People (2002) FCA 322
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