Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Duncan v Wandina Holdings Pty Ltd [2012] FCA 31 Citation: Duncan v Wandina Holdings Pty Ltd [2012] FCA 31
Parties: ADRIAN STEWART DUNCAN v WANDINA HOLDINGS PTY LTD RICARDO CACHO v WANDINA HOLDINGS PTY LTD
File numbers: WAD 127 of 2011 WAD 128 of 2011
Judge: GILMOUR J
Date of judgment: 1 February 2012
Catchwords: COSTS – application for security of costs – factors relevant to exercise of Court's discretion – whether applicants will be unable to pay respondent's costs – applicants previously defaulted on order to pay costs – applicants permanently resident outside Australia – consideration of form and amount of costs – whether part or whole of the costs should be granted
Legislation: Bankruptcy Act 1996 (Cth) s 41 Corporations Act 2001 (Cth) s 443B Federal Court of Australia Act 1976 (Cth) ss 31A, 56
Cases cited: KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189
Date of hearing: 19 August 2011
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 49
Counsel for the Applicant: Mr C M Slater
Solicitor for the Applicant: Corrs Chambers Westgarth
Counsel for the Respondent: Mr K M Pettit
Solicitor for the Respondent: John Panegyres
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 127 of 2011
BETWEEN: ADRIAN STEWART DUNCAN
Applicant
AND: WANDINA HOLDINGS PTY LTD
Respondent
JUDGE: GILMOUR J DATE OF ORDER: 1 February 2012 WHERE MADE: PERTH
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