Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Prodata Solutions Pty Ltd v South Australian Fire and Emergency Services Commission [2018] FCA 1665 File number: SAD 338 of 2017
Judge: CHARLESWORTH J
Date of judgment: 2 November 2018
Catchwords: PRACTICE AND PROCEDURE – security for costs sought by two respondents from corporate applicant – applicant voluntarily providing security in significant amounts by way of irrevocable bank guarantees – whether additional security should be ordered – whether there is reason to believe the applicant will be unable to pay the costs of the respondents if the respondents are successful in their defence – whether security should be ordered in respect of past costs already subject to a costs order – whether respondents' delay in bringing the application is productive of unfairness – additional security ordered
Legislation: Corporations Act 2001 (Cth) s 1335 Federal Court of Australia Act 1976 (Cth) ss 37M, 56 Federal Court Rules 2011 (Cth) r 19.01
Cases cited: Australian Equity Investors, An Arizona Limited Partnership v Colliers International (NSW) Pty Limited (No 5) [2011] FCA 1041 Buckley v Bennell Design & Construction Pty Ltd (1974) 1 ACLR 301 Christou v Stanton Partners Australasia Pty Ltd [2011] WASCA 176 Electrona Carbide Industries Pty Ltd v Tasmanian Government Insurance Board [1985] Tas R 68 Fencott (Bryan E) and Associates Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497 Fiduciary Ltd v Morningstar Research Pty Ltd [2004] NSWSC 664; (2004) 208 ALR 564 Health Information Pharmacy Franchising Pty Ltd v Khoo [2010] FCA 438 Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 744 Jazabas Pty Ltd & Ors v Haddad & Ors [2007] NSWCA 291 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Litmus Australia Pty Ltd (in liq) v Paul Brian Canty & Ors [2007] NSWSC 670 Menhaden Pty Ltd v Citibank NA (1984) 1 FCR 542 Mercus Pty Ltd v Industrrial Energy Pty Ltd [2015] FCA 103; (2015) 327 ALR 523 Southern Cross Exploration NL v Fire & All Risks Insurance Co Ltd (1985) 1 NSWLR 114 Trility Pty Ltd v Ancon Drilling Pty Ltd [2013] VSC 577 Warren Mitchell Pty Ltd v Australian Maritime Officers Union (1993) 12 ACSR 1
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