Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sky Cloud Pty Ltd v Shi [2017] FCA 1579 File number: NSD 973 of 2017
Judge: LEE J
Date of judgment: 1 December 2017
Catchwords: PRACTICE AND PROCEDURE – application by cross-respondents for security for costs – where inability of the cross-claimants to pay costs not in dispute – where suggestion made that security would stultify cross-claim – where second cross-claimant offered an undertaking to be responsible for costs awarded against first cross-claimant – where evidence as to financial circumstances of second cross-claimant incomplete – whether in all the circumstances an order for security ought to be made – order for security made
Legislation: 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: Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 CBS Records Australia Ltd v Telmak Teleproducts (Aust) Pty Ltd (1987) 72 ALR 270 Pathway Investments Pty Ltd v National Australia Bank Limited [2012] VSC 97
Date of hearing: 1 December 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 21
Counsel for the Cross-Claimants: Mr C D Wood
Solicitor for the Cross-Claimants: Juris Cor Legal
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