Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mastec Australia Pty Ltd v Trident Plastics (SA) Pty Ltd [2016] FCA 1448 File number: SAD 237 of 2016
Judge: WHITE J
Date of judgment: 25 November 2016
Catchwords: PRACTICE AND PROCEDURE – application for security for costs – applicant a trustee company – evidence that it conducts a substantial business – insufficient evidence that the applicant may be unable to pay the respondents' costs in the event that the respondents succeed. Held: application dismissed.
Legislation: Corporations Act 2001 (Cth) ss 197, 1335(1)
Date of hearing: 25 November 2016
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicants: Mr B Roberts SC with Mr B Doyle
Solicitor for the Applicants: Johnston Withers
Counsel for the Respondents: Mr L Merrick with Mr M Fleming
Solicitor for the Respondents: Norman Waterhouse
ORDERS SAD 237 of 2016
BETWEEN: MASTEC AUSTRALIA PTY LTD (ACN 097 056 329) First Applicant
MICHAEL JOHN BRIXTON Second Applicant
AND: TRIDENT PLASTICS (SA) PTY LTD (ACN 069 540 601) First Respondent
STEEN LESLIE SAURBREY Second Respondent
JUDGE: WHITE J DATE OF ORDER: 25 NOVEMBER 2016
THE COURT ORDERS THAT:
1. The interlocutory application filed 9 November 2016 is dismissed. 2. The Respondents are to pay the Applicants' costs of and incidental to the interlocutory application of 9 November 2016. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate