Federal Court of Australia
Federal Court of Australia
Forest Carbon Methodology Pty Ltd v Schultz [2023] FCA 943 File number(s): SAD 87 of 2022
Judgment of: O'SULLIVAN J
Date of judgment: 11 August 2023
Catchwords: SECURITY FOR COSTS – application by the defendants for security for costs pursuant to s 1335 of the Corporations Act 2001 (Cth) and/or s 56 of the Federal Court of Australia Act 1976 (Cth) (FCA) – whether defendants met the threshold in s 1335 of the Act by establishing that there is reason to believe that the plaintiff will be unable to pay the defendants' costs if successful in their defence – whether the discretion under s 56 of the FCA enlivened – threshold met and discretion enlivened – where necessary to determine form of security – exercise of the discretion – whether appropriate to stage security – where security for costs ordered up to and including preparation of affidavit evidence with liberty to apply
Legislation: Corporations Act 2001 (Cth), ss 237, 1335 Federal Court of Australia Act 1976 (Cth), s 56 Federal Court Rules 2011 (Cth), r 19
Cases cited: Adeva Home Solutions Pty Ltd v Queensland Motorways Management Pty Ltd [2021] QCA 198; (2021) QR 141 All Class Insurance Brokers Pty Ltd (in liq) v Chubb Insurance Australia Ltd [2020] FCA 840 Bell Wholesale Co Ltd v Gates Export Corporation [1984] FCAFC 29; (1984) 2 FCR 1 Bryan E Fencott & Associates Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497 Chief Disruption Officer Pty Ltd atf McDonald Family Trust v Michel, in the matter of Laava ID Pty Ltd [2022] FCA 148 Commissioner of Taxation v Vasiliades [2016] FCAFC 170; (2016) 344 ALR 558 Concrete Mining Structures Pty Ltd v Cellcrete Australia Pty Ltd (No 2) [2016] FCA 360 DIF III Global Co-Investment Fund, LP v BBLP LLC [2016] VSC 401 Firexpress Australia Pty Ltd v Imago Exchange Pty Ltd [2022] FCA 129 KP Cable Investments Pty Ltd v Meltglow Pty Ltd [1995] FCA 76; (1995) 56 FCR 189 Norcast S.ár.L v Bradken Ltd [2012] FCA 765 Save the Ridge Inc v Commonwealth of Australia [2004] FCA 1289 Stapleton v Fairfax Media Publications Pty Ltd [2019] FCA 1418 Street v Luna Park Sydney Pty Ltd [2006] NSWSC 1317
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