Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd [2022] FCA 1309

Federal Court of Australia

Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd [2022] FCA 1309 File number(s): SAD 109 of 2020 SAD 76 of 2022

Judgment of: O'SULLIVAN J

Date of judgment: 25 October 2022

Date of publication of reasons: 2 November 2022

Catchwords: SECURITY FOR COSTS – application by the respondents to vary the quantum of the security for costs ordered by Besanko J on 15 June 2021 – whether a material change in the circumstances since the original application was heard or new evidence emerged which could not reasonably have been addressed at the time of the original hearing – where costs incurred in addition to those anticipated by the respondents in earlier proceedings – where delay in exercising liberty to apply was significant and without explanation – where security for costs is normally ordered in relation to anticipated costs and not past costs – where pursuant to orders made on 23 September 2022 there are a greater number of applicants against whom the respondents may pursue a costs order if necessary – application dismissed SECURITY FOR COSTS – application by the first and second respondents seeking an order that the applicants provide security for costs pursuant to r 19.01 of the Federal Court Rules 2011 (Cth) and/or s 1335 of the Corporations Act 2001 (Cth) and/or the inherent jurisdiction of the Court – whether the respondents meet the threshold requirements in relation to each of the applicants – where threshold not met to enliven discretion as to whether or not an order for security for costs should be made – application dismissed