Federal Court of Australia
Federal Court of Australia
Freedom Foods Pty Ltd v Blue Diamond Growers [2021] FCA 461 Appeal from: Freedom Foods Pty Ltd v Blue Diamond Growers [2021] FCA 172
File number: VID 138 of 2021
Judgment of: ALLSOP CJ
Date of judgment: 3 May 2021
Catchwords: PRACTICE AND PROCEDURE – application for security for costs in an application for leave to appeal and an appeal, should leave be granted – where applicants have minimal assets – where parent company of applicants is undergoing recapitalisation – where parent is liable for applicants' debts pursuant to a deed of cross-guarantee – whether there is credible testimony that there is reason to believe that the applicants will be unable to pay the costs of the respondent – appropriate quantum of security for one day appeal from interlocutory judgment – application dismissed
Legislation: Corporations Act 2001 (Cth) s 1335 Federal Court of Australia Act 1976 (Cth) s 56 International Arbitration Act 1974 (Cth) s 7(2)
Cases cited: Dimitriou v Pineview Property Holdings Pty Ltd [2019] FCA 2123 Freedom Foods Pty Ltd v Blue Diamond Growers [2021] FCA 172 Kemppi v Adani Mining Pty Ltd [2018] FCA 2012 Langbein v Mottershead Investments Pty Ltd (No 2) [2020] FCA 188 Mathews v All Options Pty Ltd [2019] FCA 1972 Pleash (liquidator) v Tucker [2018] FCA 168 Stallion (NSW) Pty Ltd v Commissioner of Taxation [2020] FCA 554
Division: General Division
Registry: Victoria
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