Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Amalgamated Commercial Holdings Pty Ltd v Compas Pty Ltd [2011] FCA 696 Citation: Amalgamated Commercial Holdings Pty Ltd v Compas Pty Ltd [2011] FCA 696
Appeal from: Amalgamated Commercial Holdings Pty Ltd v Compas Pty Ltd [2011] FMCA 116
Parties: AMALGAMATED COMMERCIAL HOLDINGS PTY LTD v COMPAS PTY LTD and AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
File number: ACD 16 of 2011
Judge: STONE J
Date of judgment: 21 June 2011
Catchwords: PRACTICE AND PROCEDURE – application for security for costs by second respondent – matters relevant for consideration – prospect of applicant's claim ultimately succeeding – degree of risk that second respondent would not be reimbursed for costs if successful – whether costs order would prevent applicant from proceeding with claim – whether applicant's impecuniosity attributable to second respondent – no particular discretionary matters peculiar to the circumstances of the case
Legislation: Federal Court of Australia Act 1976 (Cth) s 56 Independent Contractors Act 2006 (Cth) s 17
Cases cited: Equity Access Pty Limited v Westpac Banking Corporation (1989) ATPR 40-972 Spencer v Commonwealth (2010) 241 CLR 118 Three Rivers District Council v Governor and Company of the Bank of England (No 3) [2003] 2 AC 1
Date of hearing: 16 June 2011
Place: Sydney (via video link to Canberra)
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 25
Appearing for Applicant: G Forsyth, Director, with leave
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