Federal Court of Australia
Federal Court of Australia
Fitzpatrick v Isaacs [2024] FCA 1187 File number: QUD 365 of 2023
Judgment of: DERRINGTON J
Date of judgment: 17 October 2024
Catchwords: PRACTICE AND PROCEDURE – security for costs – application to review decision of Registrar to order security for costs – where there is an individual and corporate plaintiff – where claims of individual and company are not co-ordinate – where other persons who stand behind company and who may benefit from the litigation did not expose their assets to the risk of a cost order – security ordered against company
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: 3Bears Childcare Centre Pty Ltd v Deputy Commissioner of Taxation, in the matter of 3Bears Childcare Centre Pty Ltd [2018] FCA 1690 All Class Insurance Brokers Pty Ltd (in liquidation) v Chubb Insurance Australia Limited [2020] FCA 840 Auslink Golf Course Pty Limited v Zhongsheng Group Pty Ltd [2023] FCA 397 Austcorp Project Number 20 Pty Ltd v LM Investment Management Ltd (in liq) [2014] FCA 1371 Australian Battery Distributors Pty Ltd v Robert Bosch (Australia) Pty Ltd [2015] FCA 1164 Barton v Minister for Foreign Affairs (1984) 2 FCR 463 Beach Petroleum NL v Johnson, M.K. (1992) 7 ACSR 203 Bechara v Bates (2021) 286 FCR 166 Fiduciary Ltd v Morningstar Research Pty Ltd (2004) 208 ALR 564 General Trade Industries Pty Ltd (in liquidation) v AGL Energy Limited (No 2) [2023] FCA 556 Global Access Limited v Educationdynamics, LLC [2010] 1 Qd R 525 Gumm v Commissioner of Taxation [2024] FCA 71 Harpur v Ariadne Australia Ltd (No 2) [1984] 2 Qd R 523 In the matter of IPM Developments Pty Ltd [2023] NSWSC 1443 Intercraft Cabinets Pty Ltd v Sampas Pty Ltd (1997) 18 WAR 306 Jalpalm Pty Ltd v Hamilton Island Enterprises Pty Ltd (1995) 16 ACSR 532 Knight v Beyond Properties Pty Ltd [2005] FCA 764 Madgwick v Kelly (2013) 212 FCR 1 St Mary's Hog's Pty Ltd v HBCA Pty Ltd [2022] FCA 52 Strategic Financial and Project Services Pty Ltd v Bank of China Limited [2009] FCA 604 Street v Luna Park Sydney Pty Ltd [2006] NSWSC 1317 TS Lucas Pty Ltd v Anatinus Pty Ltd [2024] FCA 943 West International Pty Ltd v Ultradrilling Pty Ltd (2008) 68 ACSR 108 Willey v Synan (1935) 54 CLR 175
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