Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Angas Securities Limited v Savills (SA) Pty Ltd [2017] FCA 868 File number: SAD 343 of 2016
Judge: WHITE J
Date of judgment: 20 July 2017
Catchwords: PRACTICE AND PROCEDURE – application for security for costs – applicant resists the application by reference to its claimed strong prospects of success in the litigation – preliminary evaluation of merits – application for security refused.
Legislation: Corporations Act 2001 (Cth) s 1335(1) Federal Court of Australia Act 1976 (Cth) s 56(1) Trade Practices Act 1974 (Cth) s 52 Fair Trading Act 1987 (SA) s 56
Cases cited: Bray v F Hoffman-La Roche Ltd [2003] FCAFC 153; (2003) 130 FCR 317 Bryan E Fencott & Associates Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497 J & M O'Brien Enterprises Pty Ltd v The Shell Co of Australia Ltd (No 2) (1983) 70 FLR 261 Jodast Pty Ltd v A & J Blattner Pty Ltd (1991) 104 ALR 248 Mecrus Pty Ltd v Industrial Energy Pty Ltd [2015] FCA 103; (2016) 327 ALR 523
Date of hearing: 20 July 2017
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 26
Counsel for the Applicant: Mr SA Evans
Solicitor for the Applicant: Charlton Rowley
Counsel for the Respondent: Mr IC Robertson SC with Mr P Bullock
Solicitor for the Respondent: Wotton + Kearney
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