Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Maylord Equity Management Pty Ltd v Parazelsus Limited [2013] FCA 1219 Citation: Maylord Equity Management Pty Ltd v Parazelsus Limited [2013] FCA 1219
Parties: MAYLORD EQUITY MANAGEMENT PTY LTD (ACN 094 852 892) v PARAZELSUS LIMITED
File number: VID 1123 of 2011
Judge: COWDROY J
Date of judgment: 21 November 2013
Catchwords: COSTS – application by the respondent for security for costs – whether an order for security for costs would stifle the litigation – whether the applicant company is impecunious – whether persons who stand to benefit from the litigation are impecunious COSTS – application by respondent for costs thrown away due to amendments by applicant to the statement of claim – whether such costs should be paid immediately as a lump sum or reserved to the hearing – whether an order that such costs be paid immediately would stifle the litigation
Legislation: Corporations Act 2001 (Cth) s 1335 Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011(Cth) rr 19.01, 40.02
Cases cited: Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 Dunstan v Human Rights and Equal Opportunity Commission (No 3) [2006] FCA 916 Knight v Beyond Properties Pty Ltd [2005] FCA 764
Date of hearing: 30 October 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 33
Counsel for the Applicant: Mr J Loxton
Counsel for the Respondent: Mr M Elliott
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