Federal Court of Australia
Federal Court of Australia
Sunshine Energy Australia Pty Ltd v Youssef [2023] FCA 549 File number(s): QUD 106 of 2023
Judgment of: SARAH C DERRINGTON J
Date of judgment: 29 May 2023
Catchwords: PRACTICE AND PROCEDURE – interlocutory application seeking leave to claim same relief in new proceedings pursuant to r 39.03(1)(b) of the Federal Court Rules 2011 (Cth) – where previous proceedings were dismissed for failure to comply with security for costs order – where there has been no material change in circumstances – where the applicant remains impecunious – where applicant has outstanding costs orders – where respondent suffers prejudice – whether applicant should be shut out from making a proper claim – where new application for same relief may be brought in different circumstances – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 56(4) Federal Court Rules 2011 (Cth) r 39.03
Cases cited: Idoport Pty Limited v National Australia Bank Ltd [2002] NSWSC 18 Skinner v Commonwealth of Australia [2012] FCA 1194 Sunshine Energy Australia Pty Ltd v Youssef [2023] FCA 189
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 33
Date of hearing: 29 May 2023
Counsel for the Applicants: Mr B Hall
Solicitor for the Applicants: Niren Raj Law Pty Ltd
Counsel for the First Respondent: Mr N Furlan
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