Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kelly v Willmott Forests Ltd (in liquidation) [2012] FCA 1446 Citation: Kelly v Willmott Forests Ltd (in liquidation) [2012] FCA 1446
Parties: DAVID KELLY, MARGARET KELLY (NEE ILACQUA) and AARON GRANT v MIS FUNDING NO 1 PTY LTD (ACN 119 268 905), COMMONWEALTH BANK OF AUSTRALIA, WILLMOTT FORESTS LTD (IN LIQUIDATION) (ACN 063 263 650), JONATHAN DAVID MADGWICK, MARCUS DERHAM, JAMES WILLIAM ANTONY HIGGINS, HUGH THOMAS DAVIES, RAYMOND MAXWELL SMITH and BIOFOREST LIMITED (IN LIQUIDATION) (ACN 096 335 876)
File numbers: VID 1483 of 2011 VID 1484 of 2011 VID 1485 of 2011
Judge: MURPHY J
Date of judgment: 17 December 2012
Catchwords: PRACTICE AND PROCEDURE – Costs – Security for costs – Security for costs in representative proceedings under Pt IVA - Factors to be taken into account in relation to security for costs in representative proceedings – whether the applicant is relevantly impecunious – whether impecuniosity ought be a bar to litigation - the strength and bona fides of the claim – whether the representative party is a person of straw – whether the financial characteristics of the group members are relevant – whether an representative party's lawyer is relevantly "standing behind" the litigation or standing to "benefit" from the litigation – whether the action is defensive in nature - whether an order for security is likely to stifle the litigation – whether security would be ordered if individual proceedings had been brought.
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