Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Oswal (No 3) [2011] FCA 1502 Citation: Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Oswal (No 3) [2011] FCA 1502
Parties: BURRUP FERTILISERS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) v PANKAJ OSWAL, RADHIKA OSWAL, COMICAL ALI MILITANT VEGETARIAN PTY LTD and OSWAL INDUSTRIAL PTY LTD (ACN 121 121 659)
File number: WAD 66 of 2011
Judge: MCKERRACHER J
Date of judgment: 22 December 2011
Catchwords: COSTS – security for costs – considerations relevant to the Court's discretionary power to order payment of security for costs – respondent outside the Court's jurisdiction – no evidence that the respondent intends to return to Australia – respondent's cross-claim seeking large amount – where the cross-claim is a claim in itself – whether a cross-claim is purely defensive – apparent strength and bona fides of the cross-claim – quantum – Federal Court of Australia Act 1976 (Cth) s 56 – Federal Court Rules 2011 r 19.01 – jurisdiction to order security – Federal Court of Australia Act 1976 (Cth) s 57 – Federal Court Rules 2011 r 19
Legislation: Evidence Act 1995 (Cth) s 69 Corporations Act 2001 (Cth) s 1318 Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 r 19.01
Cases cited: Bryan E Fencott & Associates Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 MA Productions Pty Ltd v Austarama Television Pty Ltd (1982) 7 ACLR 97 Molony v ACN 009 697 367 Pty Ltd [2004] QCA 151 National Biofuels Group Pty Ltd v Elbow River Marketing Ltd [2009] FCA 613 NV Sumatra Tobacco Trading Company v British American Tobacco Australia Services Ltd (2008) 79 IPR 286 PS Chellaram & Co Ltd v China Ocean Shipping Co (1991) 65 ALJR 642
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