Federal Court of Australia
Federal Court of Australia
Auslink Golf Course Pty Limited v Zhongsheng Group Pty Ltd [2023] FCA 397 File numbers: NSD 1030 of 2021 NSD 253 of 2022
Judgment of: MARKOVIC J
Date of judgment: 3 May 2023
Catchwords: PRACTICE AND PROCEDURE – applications for security for costs – where proceedings are related – whether, because of overlap in the proceedings, to treat the proceedings equally in the making of any orders for security – where plaintiff to the proceeding is ordinarily resident outside Australia – where the respondents to the application are special purpose companies – where respondents to the application have refused to provide information as to their financial position relevant to determining whether any adverse costs order would be satisfied – where impecuniosity of respondents to the application is alleged to have been caused by the applicants – where there are existing restraining orders in place –applications granted
Legislation: Corporations Act 2001 (Cth) ss 180, 181, 182, 233, 440D, 1335 Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 (Cth) r 19.01 subs (2) and subs (3) Uniform Civil Procedure Rules 2005 (NSW) r 42.21(1)(a)
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