Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hill v Zhang [2019] FCA 1562 File number: ACD 50 of 2019
Judge: GRIFFITHS J
Date of judgment: 25 September 2019
Catchwords: PRACTICE AND PROCEDURE - application for security for costs - where proceedings involve a substantial degree of overlap between claims brought by both an individual and corporate applicant - assessment of the individual's capacity to meet a potential costs order against the corporate applicant - security ordered PRACTICE AND PROCEDURE - application for strike out of statement of claim under r 16.21(1)(c) of the Federal Court Rules 2011 (Cth) - where the pleading contains a number of ambiguities about material facts - statement of claim struck out
Legislation: Corporations Act 2001 (Cth) s 1335 Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 (Cth) rr 16.21, 19.01
Cases cited: Australian Law Company Pty Ltd v Initiative Holdings Pty Ltd [2019] FCA 1561 Brecher v Barrack Investments Pty Ltd [2018] FCA 472 Equity Access Ltd v Westpac Banking Corporation (1989) ATPR 40-972 Fiduciary Ltd v Morningstar Research [2004] NSWSC 664; 208 ALR 564 Harpur Pty Ltd v Ariadne Australia Ltd (No 2) [1984] 2 Qd R 523 Hill v The Council of the Law Society of the ACT [2019] ACTSC 79 Interwest Ltd v Tricontinental Corporation Ltd (1991) 5 ACSR 621 Jodast Pty Ltd v A & J Blattner Pty Ltd (1991) 104 ALR 248 Lim v Comcare [2016] FCA 1346 Street v Luna Park Sydney Pty Ltd [2006] NSWSC 1317
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