Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fairfield Pastoral Holdings Pty Ltd v Ridge Estate Pty Ltd (No 2) [2020] FCA 312 File number: SAD 312 of 2018
Judge: WHITE J
Date of judgment: 11 March 2020
Catchwords: PRACTICE AND PROCEDURE – application for security for costs – Applicants appear unable to pay the Respondents' costs in the event that they fail in their action – Applicants resist the application by reference to their claim and the Respondents' cross-claim arising out of substantially the same factual matrix – whether there is a "high degree of overlap" between the subject matter of the two claims – where, in the event that security is not provided and the Applicants' claim is stayed, the Respondents intend pursuing two claims against the Applicants which overlap with claims made by the Applicants – security refused.
Legislation: Australian Consumer Law s 18 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: Aquatown Pty Ltd v Holder Stroud Pty Ltd [1995] FCA 1667; (1995) 18 ACSR 622 Axent Holdings Pty Ltd v Compusign Australia Pty Ltd (No 2) [2017] FCA 1102 Concrete Constructions Pty Ltd v Dalma Formwork Pty Ltd [1999] NSWCA 16 Concrete Mining Structures Pty Ltd v Cellcrete Australia Pty Ltd (No 2) [2016] FCA 360 Imperial China Tours Pty Ltd v Petrovski [2017] FCA 1005 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Nine Films & Television Pty Ltd v Ninox Television Ltd [2005] FCA 735; (2005) 146 FCR 144 Sydmar Pty Ltd v Statewide Developments Pty Ltd (1987) 73 ALR 289 Total Development Supplies Pty Ltd v GRD Building Pty Ltd [2008] FCA 844
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