Federal Court of Australia
Federal Court of Australia
Its Eco Pty Ltd v BPS Financial Limited [2022] FCA 842 File number: QUD 395 of 2021
Judgment of: DERRINGTON J
Date of judgment: 20 July 2022
Catchwords: PRACTICE AND PROCEDURE – application for security for costs – class action – relevance of security for costs in class actions – relevance of those who stand behind lead applicants and who stand to benefit from the litigation
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Abbott v Zoetis Australia Pty Ltd (No 2) (2019) 369 ALR 512 Augusta Ventures Ltd v Mt Arthur Coal Pty Ltd (2020) 283 FCR 123 Bell Wholesale Co Ltd v Gates Export Corporation (1984) 2 FCR 1 Bray v F Hoffman-La Roche Ltd (2003) 130 FCR 317 De Jong v Carnival PLC [2016] NSWSC 347 General Trade Industries Pty Ltd (in liq) v AGL Energy Ltd [2020] FCA 1562 Harpur v Ariadne Australia Ltd [1984] 2 Qd R 523 Jalpalm Pty Ltd v Hamilton Island Enterprises Pty Ltd (1995) 16 ACSR 532 Jasmin Solar Pty Ltd v Trina Solar Australia Pty Ltd [2020] FCA 1018 Kelly v Willmott Forests Ltd (in liq) [2012] FCA 1446 Madgwick v Kelly (2013) 212 FCR 1 Turner v Tesa Mining (NSW) Pty Ltd (2019) 290 IR 388
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