Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fairlight.au Pty Ltd v Peter Vogel Instruments Pty Ltd (No 2) [2014] FCA 1037 Citation: Fairlight.au Pty Ltd v Peter Vogel Instruments Pty Ltd (No 2) [2014] FCA 1037
Parties: FAIRLIGHT.AU PTY LTD (ACN 104 307 888) v PETER VOGEL INSTRUMENTS PTY LTD (ACN 140 173 397) and PETER VOGEL
File number: VID 784 of 2012
Judge: EDMONDS J
Date of judgment: 26 September 2014
Catchwords: PRACTICE AND PROCEDURE – application for security for costs – whether security should be ordered against respondent/cross-claimant company – whether cross-claim is substantively defensive or raises new issues – considerations involved in exercise of discretion – impecuniosity of respondent/cross-claimant company – whether attributable to conduct of the applicant – impecuniosity of majority shareholders behind company – delay in bringing application for security
Cases cited: Ariss v Express Interiors Pty Ltd (in liq) [1996] 2 VR 507 cited Bank of Western Australia v Daleport [2010] NSWSC 1207 cited Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 cited
Date of hearing: 21 August 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 40
Counsel for the Applicant and Cross-Respondents: Mr AK Panna QC
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