Federal Court of Australia
Federal Court of Australia
St Mary's Hog's Pty Ltd v HBCA Pty Ltd [2022] FCA 52 File number: NSD 351 of 2021
Judgment of: MARKOVIC J
Date of judgment: 4 February 2022
Catchwords: PRACTICE AND PROCEDURE – applications for security for costs – whether applicants impecunious – where respondents' likely costs exceed applicants' net assets – where insufficient evidence of the ability and willingness of group members to contribute to security if ordered – where lack of evidence about availability of current franchisees' assets to meet any security for costs order – whether applicants' proceeding is defensive in nature – where respondents commenced proceedings in local and state courts regarding debt claim for unpaid royalties – where applicants' pleading raises matters beyond scope of debt claim – application granted
Legislation: Corporations Act 2001 (Cth) s 1335 Federal Court of Australia Act 1976 (Cth) ss 33ZG, 43(1A), 56 Federal Court Rules 2011 (Cth) r 19.01
Cases cited: Abbott v Zoetis Australia Pty Limited (No 2) [2019] FCA 462; (2019) 369 ALR 512 Australian Battery Distributors Pty Ltd v Robert Bosch (Australia) Pty Ltd [2015] FCA 1164 Clarence City Council v Commonwealth of Australia (No 2) [2020] FCAFC 147 Knight v Beyond Properties Pty Ltd [2005] FCA 764 KP Cable Investments Pty Ltd v Meltglow Pty Ltd (1995) 56 FCR 189 Madgwick v Kelly (2013) 212 FCR 1 Monarch Advisory Group Pty Ltd v Puxty [2021] FCA 341 Prynew Pty Ltd v Nemeth [2010] NSWCA 94; (2010) 28 ACLC 10-026 Visco v Minter [1969] 2 All ER 714
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