Federal Court of Australia
Federal Court of Australia
Olson v Keefe (No 5) [2023] FCA 127 File number(s): NSD 1498 of 2016
Judgment of: GOODMAN J
Date of judgment: 24 February 2023
Catchwords: PRACTICE AND PROCEDURE – application for security for costs – applicant not resident within the jurisdiction and with insufficient assets in the jurisdiction to satisfy an adverse costs order – application brought shortly before hearing date – delay and proximity to hearing date not significant in the absence of prejudice – order made for the provision of security of costs
Legislation: Federal Court of Australia Act 1976 (Cth), s 56 Federal Court Rules 2011 (Cth), r 19.01
Cases cited: Axent Holdings Pty Ltd v Compusign Australia Pty Ltd (No 2) [2017] FCA 1102 Brundza v Robbie & Co (No 2) (1952) 88 CLR 171 Commissioner of Taxation v Vasiliades [2016] FCAFC 170; (2016) 344 ALR 558 Kelly v Willmott Forests Ltd (in liquidation) [2012] FCA 1446; (2012) 300 ALR 675 Madgwick v Kelly [2013] FCAFC 61; (2013) 212 FCR 1 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 PS Chellaram & Co Ltd v China Ocean Shipping Co [1991] HCA 36; (1991) 102 ALR 321 United Commercial Projects Pty Ltd v PHHH Investments No 2 Pty Ltd [2019] VSCA 192
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 45
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