Powell Navel Pty Ltd as trustee for the Irwin Superannuation Fund v Airline Services Pty Ltd [2023] FCA 279

Federal Court of Australia

Powell Navel Pty Ltd as trustee for the Irwin Superannuation Fund v Airline Services Pty Ltd [2023] FCA 279 File number(s): VID 623 of 2017

Judgment of: MCEVOY J

Date of judgment: 29 March 2023

Catchwords: PRACTICE AND PROCECDURE – security for costs – general principles – review of Registrar's decision – where application for security delayed – where prior application for security for costs dismissed – significance of delay and other relevant factors considered – security for costs ordered – apportionment of obligation to make payment between applicants

Legislation: Corporations Act 2001 (Cth) s 1335 Federal Court of Australia Act 1976 (Cth) ss 35A(5), 56 Federal Court Rules 2011 (Cth) rr 1.32, 19.01, 39.05(c)

Cases cited: Abbott v Zoetis Australia Pty Ltd (No 2) (2019) 369 ALR 512; [2019] FCA 462 Alexander v Perpetual Trustees WA Ltd (2004) 216 CLR 109; [2004] HCA 7 All Class Insurance Brokers Pty Ltd (in liq) v Chubb Insurance Australia Ltd [2020] FCA 840 Concrete Mining Structures Pty Ltd v Cellcrete Australia Pty Ltd (No 2) [2016] FCA 360 Guildford International Group Pty Ltd, in the matter of Aviation 3030 Pty Ltd v Aviation 3030 Pty Ltd [2018] FCA 600 Harris v Caladine (1991) 172 CLR 84; [1991] HCA 9 Jianshe Southern Pty Ltd v Get Motor Cycles Pty Ltd (No 3) [2007] FCA 1078 Kayler-Thomson v Colonial First State Investments Ltd [2020] FCA 1867 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 Rosenfield Nominees Pty Ltd v Bain & Co (1988) 14 ACLR 467 Truth about Motorways Pty Limited v Macquarie Infrastructure Investment Management Limited [2001] FCA 1603 United Commercial Projects Pty Ltd v PHHH Investments No2 Pty Ltd [2019] VSCA 192 West International Pty Ltd v Ultradrilling Pty Ltd [2008] FCA 1443