Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Agricity Pty Ltd v Caffissimo Holdings Pty Ltd [2019] FCA 130 File number: WAD 451 of 2017
Judge: MCKERRACHER J
Date of judgment: 14 February 2019
Catchwords: PRACTICE AND PROCEDURE – application for security for costs under s 1335 of the Corporations Act 2001 (Cth) – whether there is reason to believe the applicants will be unable to pay the respondents' costs if they are unsuccessful in their claim – whether the Court should exercise its discretion to make an order for security for costs – application for security for costs dismissed
Legislation: Competition and Consumer Act 2010 (Cth) s 243 Corporations Act 2001 (Cth) ss 1335 Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 (Cth) r 19.01
Cases cited: A1 for Maintenance Pty Ltd v Lehal Pty Ltd [2018] FCA 1476 FFE Minerals Australia Pty Ltd v Mining Australia Pty Ltd (2000) 156 FLR 116 Health Information Pharmacy Franchising Pty Ltd v Khoo [2010] FCA 438 Warren Mitchell Pty Ltd v Australian Maritime Officers Union (1993) 12 ACSR 1
Date of hearing: Determined on the papers
Date of last submissions: 23 January 2019
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 22
Counsel for the Applicants: Mr N van Hattem
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