Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Basetec Services Pty Ltd v Leighton Contractors Pty Ltd [2014] FCA 991 Citation: Basetec Services Pty Ltd v Leighton Contractors Pty Ltd [2014] FCA 991
Parties: BASETEC SERVICES PTY LTD ABN 30 086 798 361 v LEIGHTON CONTRACTORS PTY LTD ABN 98 000 893 667
File number: SAD 84 of 2014
Judge: BESANKO J
Date of judgment: 12 September 2014
Catchwords: PRACTICE AND PROCEDURE – security for costs – where company operates on "cash surplus" basis – where company did not disclose up-to-date financial information – where company did not disclose the person or persons who stand behind it – where company claims providing security would adversely affect the future conduct of its business – Federal Court of Australia Act 1976 (Cth) s 56, Corporations Act 2001 (Cth) s 1335. Held: Application granted. Security to be provided for period up to the proceeding being set down for trial.
Legislation: Building Work Contractors Act 1995 (SA) Competition and Consumer Act 2010 (Cth) Sch 2 ss 21, 22 Corporations Act 2001 (Cth) s 1335 Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 (Cth) r 19.01
Cases cited: Ariss and Another v Express Interiors Pty Ltd (in liquidation) [1996] 2 VR 507 Beach Petroleum NL and Another v Johnson and Others (1992) 7 ACSR 203 Health Information Pharmacy Franchising Pty Ltd v Khoo [2010] FCA 438 Livingspring Pty Ltd v Kliger Partners (2008) 20 VR 377 Smart Company Pty Ltd v Clipsal Australia Pty Ltd [2009] FCA 1253 Soul Pattinson Telecommunications Pty Ltd v Subex Americas Inc [2009] FCA 651
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