Federal Court of Australia
Federal Court of Australia
Monarch Advisory Group Pty Ltd v Puxty [2021] FCA 341 File number: NSD 951 of 2020
Judgment of: MARKOVIC J
Date of judgment: 13 April 2021
Catchwords: PRACTICE AND PROCEDURE – application for security for costs – whether respondents have shown reason to believe that applicant will be unable to meet adverse costs order – where respondents led no evidence as to applicant's financial position – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 (Cth) r 19.01 Corporations Act 2001 (Cth) s 1335
Cases cited: All Class Insurance Brokers Pty Ltd (in liq) v Chubb Insurance Australia Limited [2020] FCA 840 Austcorp Project Number 20 Pty Ltd v LM Investment Management Ltd (in liq) [2014] FCA 1371 Beach Petroleum NL v Johnson, M.K. [1992] FCA 136; (1992) 7 ACSR 203
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 44
Date of hearing: 25 February 2021
Counsel for the Applicant: Mr D Mahendra
Solicitor for the Applicant: Madison Marcus Law Firm
Counsel for the Respondents: Mr M Luitingh
Solicitor for the Respondents: Edge Legal Group
ORDERS NSD 951 of 2020
BETWEEN: MONARCH ADVISORY GROUP PTY LTD Applicant
AND: MR BRETT JAMES PUXTY First Respondent
MR FRANCIS COGGAN Second Respondent
ODYSSEY ADVISORY SERVICES ACN 155 549 705 Third Respondent
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