Mainland Property Holdings Pty Ltd (Receivers and Managers Appointed) v Naplend Pty Ltd (No 4) [2023] FCA 1066

Federal Court of Australia

Mainland Property Holdings Pty Ltd (Receivers and Managers Appointed) v Naplend Pty Ltd (No 4) [2023] FCA 1066 File number(s): VID 192 of 2022

Judgment of: MCELWAINE J

Date of judgment: 8 September 2023

Catchwords: PRACTICE AND PROCEDURE – Application for extension of time for the provision of security for costs – where applicants' evidence is unsatisfactory – where inadequate explanation for failure to comply with order to provide security – where insufficient explanation as to the degree of likelihood that security will be complied with within the extended period of time sought – application refused – application for summary dismissal – where applicants have failed to comply with order for the payment of security for costs – where respondents submit applicants have no reasonable prospect of success – self-executing orders made

Legislation: Federal Court Act 1976 (Cth) ss 31A, 37P, 56 Federal Court Rules 2011 (Cth) rr 1.39, 5.23 26.01

Cases cited: Austcorp Project No. 20 Pty Ltd v The Trust Co (PTAL) Ltd, in the matter of Bellpac Pty Limited (Receivers and Managers Appointed) (in liq) (No 4) [2015] FCA 850 Idoport Pty Ltd v National Australia Bank Ltd [2002] NSWSC 18 Lawson v New South Wales Minister for Land and Water Conservation [2007] FCA 8 Pampered Paws Connection Pty Ltd (on its own behalf and in a representative capacity) v Pets Paradise Franchising (Qld) Pty Ltd (No 7) [2010] FCA 626 Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) v Contento Investments Pty Ltd [2021] FCA 911 Spencer v Commonwealth [2010] HCA 28; 241 CLR 118 Strategic Financial and Project Services Pty Ltd v Bank of China [2012] FCA 701 Zirk-Sadowski v University of New South Wales [2023] FCA 805