Federal Court of Australia
Federal Court of Australia
C.M.E. Blasting & Mining Equipment Ltd v Rock Tool Refurbishment Solutions Pty Ltd [2021] FCA 160 File number: SAD 43 of 2020
Judgment of: BESANKO J
Date of judgment: 2 March 2021
Date of publication of reasons: 3 March 2021
Catchwords: PRACTICE & PROCEDURE — application for security for costs under s 56 of the Federal Court of Australia Act 1976 (Cth) and r 19.01 of the Federal Court Rules 2011 (Cth) — where applicant in proceeding a corporation in Ontario, Canada — where assets in the jurisdiction, but considerable uncertainty about respondents' ability to recover costs from those assets — where there is no reciprocal enforcement of judgments legislation between Australia and Ontario, Canada — where there is no evidence about applicant's assets in Ontario, Canada — appropriate for the quantum of security to be fixed by reference to costs incurred or likely to be incurred in the proceeding — security ordered
Legislation: Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 (Cth) r 19.01
Cases cited: Augusta Ventures Limited v Mt Arthur Coal Pty Limited [2020] FCAFC 194; (2021) 384 ALR 340 Austin, Nicols & Co Inc v Lodestar Anstalt [2009] FCA 1228 Dead End Survival, LLC v Marhasin [2019] ONSC 3569 Dense Medium Separation Powders Pty Ltd v Gondwana Chemicals Pty Ltd [2011] NSWCA 84 Farmitalia Carlo Erba SrL v Delta West Pty Ltd (1994) 28 IPR 336 Maxim's Caterers Ltd v Magnona Pty Ltd (No 1) [2010] FCA 450
Division: General Division
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