Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
No TasWind Farm Group Inc v Hydro-Electric Corporation (No 2) [2014] FCA 348 Citation: No TasWind Farm Group Inc v Hydro-Electric Corporation (No 2) [2014] FCA 348
Parties: NO TASWIND FARM GROUP INC v HYDRO-ELECTRIC CORPORATION
File number(s): TAD 33 of 2013
Judge(s): KERR J
Date of judgment: 4 March 2014
Catchwords: PRACTICE AND PROCEDURE – security for costs – strength of applicant's case – claim of misleading and deceptive conduct – impecuniosity of applicant – whether public interest litigation – whether order for security would stultify action – security for costs ordered
Legislation: Australian Consumer Law ss 4, 18, 29, 236 Hydro-Electric Corporation Act 1995 (Tas) s 5 Trade Practices Act 1974 s 51A Cases cited: Andrews v Caltex Oil (Australia) Pty Ltd (1982) 60 FLR 261 Byron Shire Businesses for the Future Inc v Byron Shire Council (1994) 83 LGERA 59 Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 Friends of Hinchinbrook Society Inc v Minister for Environment (1996) 69 FCR 1 Gunns Limited v Tasmanian Conservation Trust [2012] TASSC 51 Hearn v O'Rourke (2003) 129 FCR 64 Meribee Pastoral Industries Pty Ltd v Australian and New Zealand Banking Group Ltd (1998) 193 CLR 502 No TasWind Farm Group Inc v Hydro-Electric Corporation (No 1) [2014] FCA 347 Pathway Investments Pty Ltd v National Australia Bank [2012] VSC 97 Tasmanian Conservation Trust v Gunns Ltd [2012] TASSC 18
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