Federal Court of Australia
Federal Court of Australia
Tinkler Group Holdings Pty Ltd v Winter [2023] FCA 214 File number(s): NSD 41 of 2022
Judgment of: JACKMAN J
Date of judgment: 7 March 2023
Catchwords: PRACTICE AND PROCEDURE – application for security for costs – whether application premature – whether security should be provided for past costs
Legislation: Corporations Act 2001 (Cth) s 1335 Federal Court Rules 2011 (Cth) rr 2.42, 19.01
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 9
Date of hearing: 7 March 2023
Counsel for the Applicants: Mr B Hancock
Solicitor for the Applicants: SMB Law
Counsel for the Respondents: Mr O Jones
Counsel for the Respondents: Gilbert + Tobin
ORDERS NSD 41 of 2022
BETWEEN: TINKLER GROUP HOLDINGS PTY LTD First Applicant
BENTLEY RESOURCES PTE LTD Second Applicant
AND: WILLIAM SCOTT WINTER First Respondent
MACH ENERGY AUSTRALIA LTD Second Respondent
order made by: JACKMAN J DATE OF ORDER: 7 MARCH 2023
THE COURT ORDERS THAT:
1. Pursuant to r 19.01 of the Federal Court Rules 2011 (Cth), the applicants are to give security for the respondents' costs in the initial amount of $450,000. 2. The security for costs pursuant to order (1) is to be paid by the applicants into court, pursuant to r 2.42 of the Federal Court Rules 2011 (Cth), by 4 pm on 11 April 2023. 3. Subject to order (4), pursuant to r 9.01(1)(b) of the Federal Court Rules 2011 (Cth), the proceedings are to be stayed until security is given pursuant to order (1). 4. If the applicants have failed to comply with orders (1) and (2) above by 18 April 2023, an application may be made returnable at 9.30 am on 28 April 2023 for an order that the proceedings be dismissed pursuant to r 19.01(1)(c) of the Federal Court Rules 2011 (Cth). 5. The respondents have liberty to apply for further security for costs on three days' notice. 6. The applicants pay the respondents' costs of, and incidental to, this application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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