Federal Court of Australia
Federal Court of Australia
Gensco Laboratories, LLC v Care A2 Plus Pty Ltd (receiver appointed) (No 2) [2024] FCA 23 File number(s): NSD 560 of 2023
Judgment of: HALLEY J
Date of judgment: 22 January 2024
Catchwords: COSTS – interlocutory application for security for costs of and incidental to the statement of cross claim (Cross Claim) by applicants/cross-respondents (application) – whether there is reason to believe that the first respondent could not meet an adverse costs order – whether Cross Claim is purely defensive – quantum of security of costs to be provided – security to be provided in tranches – orders made substantially in the form sought by the applicants/cross-respondents
Legislation: Corporations Act 2001 (Cth) ss 56, 1335 Competition and Consumer Act 2010 (Cth), Sch 2 (Australian Consumer Law) s 18 Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 (Cth) r 19.01
Cases cited: A1 for Maintenance Pty Ltd v Lehal Pty Ltd [2018] FCA 1476 All Class Insurance Brokers Pty Ltd (in liquidation) v Chubb Insurance Australia Limited [2020] FCA 840 Allstate Life Insurance Co v Australia & New Zealand Banking Group Ltd (No 19) (1995) 134 ALR 187 Austcorp Project Number 20 Pty Ltd v LM Investment Management Ltd (in liq) [2014] FCA 1371 Bevwizz Group Pty Ltd v Transport Solutions Pty Ltd [2008] NSWSC 1399 Classic Ceramic Importers Pty Ltd v Ceramica Antiga SA (1994) 13 ACSR 263 Eastern Pearl Corporation v Groundhog Sales & Rentals Pty Ltd [2011] FCA 411 Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd [2020] FCA 1033 Forest Carbon Methodology Pty Ltd v Schultz [2023] FCA 943 Health Information Pharmacy Franchising Pty Ltd v Khoo [2010] FCA 438 HP Mercantile Pty Ltd v Dierickx [2013] NSWCA 87 Hurworth Nominees Pty Ltd v ANZ Banking Group Ltd [2005] NSWSC 1360 Interwest Ltd v Tricontinental Corporation Ltd (1991) 9 ACLC 1218 John Arnold's Surf Shop (in liquidation) v Heller Factors Pty Ltd (1979) 22 SASR 20 Meni's Tailoring & Alterations Pty Limited v Jeanswest Corporation Pty Ltd [2003] FCA 1108 Nine Films & Television Pty Ltd v Ninox Television Limited (2005) 146 FCR 144; [2005] FCA 735 Sergienko v AXL Financial Pty Ltd [2019] NSWSC 1611 Sydmar Pty Ltd v Statewise Developments Pty Ltd (1987) 73 ALR 289 Toolgen Incorporated v Fisher [2019] FCA 2158 Visco v Minter [1969] 2 All ER 714
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