Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Powell v Leighton [2011] FCA 730 Citation: Powell v Leighton [2011] FCA 730
Parties: STEPHEN MICHAEL POWELL, R R & S M POWELL PTY LTD, MOUNTAIN MAID PTY LTD, ORANGE INVESTMENTS PTY LTD and FOREST MARSH PTY LTD v RICK LEIGHTON, MICHAEL GAWLER, FOCUSSED STRATEGY PTY LTD (ACN 116 805 335) and CRAIG SEYMOUR
File number: TAD 45 of 2008
Judge: MARSHALL ACJ
Date of judgment: 28 June 2011
Catchwords: COSTS – security for costs – s 56 of the Federal Court of Australia Act 1976 (Cth) – impecunious corporate applicants – impecunious personal applicant – weak case on pleadings and accepted facts
Legislation: Trade Practices Act 1974 (Cth) ss 51AA, 51AC, 52 Australian Securities and Investments Commission Act 2001 (Cth) s 12 Federal Court of Australia Act 1976 (Cth) s 56
Cases cited: Powell v Business Expansion Capital [2008] TASSC 26 Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 Equity Access Ltd v Westpac Banking Corp [1989] ATPR 40-972 Forest Marsh Pty Ltd v Pleash [2011] FCA 134 Forest Marsh Pty Ltd v Pleash (No 2) [2011] FCA 570
Dates of hearing: 7 and 8 June 2011
Place: Hobart
Division: GENERAL DIVISION
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