Burrows v Macpherson Kelley Lawyers (Sydney) Pty Ltd [2023] FCA 875

Federal Court of Australia

Burrows v Macpherson Kelley Lawyers (Sydney) Pty Ltd [2023] FCA 875 File number: NSD 461 of 2022

Judgment of: MARKOVIC J

Date of judgment: 31 July 2023

Catchwords: PRACTICE AND PROCEDURE – application for security for costs – where applicant has commenced multiple proceedings against the respondents in various courts – where applicant has failed to satisfy an outstanding costs order in related proceeding – whether professional fees are payable where respondent is a self-represented legal practice – where applicant has not led any evidence demonstrating ability to meet a costs order – where applicant has failed to comply with a bankruptcy notice – whether there are factors additional to impecuniosity which favour an order for security for costs – whether application for security is oppressive – whether an order for security would stultify the proceeding – where the amount of security is relatively low – whether applicant's conduct is vexatious – application granted

Legislation: Bankruptcy Act 1966 (Cth) s 43 Competition and Consumer Act 2010 (Cth), Sch 2 ('Australian Consumer Law') ss 18, 21 and 236 Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 (Cth) r 19.01(1)

Cases cited: All Class Insurance Brokers Pty Ltd (in liquidation) v Chubb Insurance Australia Limited [2020] FCA 840 Bell Lawyers Pty Ltd v Pentelow (2019) 269 CLR 333 Birketu v Castagnet [2022] NSWSC 1435 Burrows v Macpherson and Kelley Lawyer (Sydney) NSW [2022] FedCFamC2G 1048 Burrows v Macpherson and Kelley Lawyers (Sydney) Pty Ltd [2023] FCA 622 Cachia v Hanes (1994) 179 CLR 403 Clone Pty Ltd v Players Pty Ltd (in liq) (2018) 264 CLR 165 Knight v Beyond Properties Pty Ltd [2005] FCA 764 Mbuzi v Hall [2010] QSC 359 Potier v Attorney-General (NSW) (2015) 89 NSWLR 284 Shaw v Yarranova Pty Ltd [2011] VSCA 55 Sywak v Visnic (No 2) [2010] NSWSC 374 United Petroleum Australia Pty Ltd v Herbert Smith Freehills [2020] VSCA 15