Battaglia v Provident Capital Limited (In Liquidation) (No 2) [2014] FCA 956

FEDERAL COURT OF AUSTRALIA

Battaglia v Provident Capital Limited (In Liquidation) (No 2) [2014] FCA 956 Citation: Battaglia v Provident Capital Limited (In Liquidation) (No 2) [2014] FCA 956

Parties: STEFANO BRUNO BATTAGLIA v PROVIDENT CAPITAL LIMITED (IN LIQUIDATION) (RECEIVERS AND MANAGERS APPOINTED) ACN 082 735 573 and PERPETUAL CORPORATE TRUSTEE LIMITED ABN 99 000 341 533

File numbers: NSD 2497 of 2013

Judge: PERRAM J

Date of judgment: 4 September 2014

Catchwords: PRACTICE AND PROCEDURE – application for security for costs – whether applicant ordinarily resident in Australia

Cases cited: Logue v Hansen Technologies Ltd (2003) 125 FCR 590

Date of hearing: 4 September 2014

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 12

Counsel for the Applicant: Mr D Parish

Solicitor for the Applicant: Yates Beaggi Lawyers

Counsel for the Respondents: Mr B Koch

Solicitor for the Respondents: Henry Davis York

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2497 of 2013

BETWEEN: STEFANO BRUNO BATTAGLIA

Applicant

AND: PROVIDENT CAPITAL LIMITED (IN LIQUIDATION) (RECEIVERS AND MANAGERS APPOINTED) ACN 082 735 573

First Respondent

PERPETUAL CORPORATE TRUSTEE LIMITED ABN 99 000 341 533

Second Respondent

JUDGE: PERRAM J DATE OF ORDER: 4 SEPTEMBER 2014 WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for security for costs be dismissed. 2. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.