Sykes v Intermediate Capital Asia Pacific 2008 GP Limited [2018] FCA 1848

FEDERAL COURT OF AUSTRALIA

Sykes v Intermediate Capital Asia Pacific 2008 GP Limited [2018] FCA 1848 File number: SAD 96 of 2017

Judge: BESANKO J

Date of judgment: 27 November 2018

Catchwords: COSTS – interlocutory application for security for costs issued by the first, second, third, fourth sixth, seventh and eight respondents – interlocutory application for security for costs issued by the fifth respondent – both interlocutory applications brought pursuant to s 56(1) of the Federal Court of Australia Act 1976 (Cth) and r 19.01 of the Federal Court Rules 2011 (Cth) – where applicants are private individuals, not corporations – where disposition not to make an order for security for costs against private individuals – whether reason to believe that the applicants will be unable to pay the respondents' costs if so ordered – consideration of the likely costs of the respondents of the proceeding and the net assets of the applicants – whether, having regard to the circumstances, there will be injustice to the respondents if they are required to defend the proceeding without the applicants providing security for costs – whether applicants engaged in a two-case strategy – consideration of other relevant factors which would warrant an order for security for costs against private individuals – whether applicants have an arguable or triable case – whether order for security for costs would shut the applicants out of pursuing the case – whether the applicants' impecuniosity arises out of the breaches alleged against the respondents – whether public interest considerations weigh in the balance against an order for security for costs and discretionary matters peculiar to the case – whether substantial risk that the applicants cannot satisfy an order for costs