Federal Court of Australia
Federal Court of Australia
Hera Project Pty Ltd v Woolworths Ltd [2024] FCA 1339 File number(s): VID 335 of 2021
Judgment of: MCELWAINE J
Date of judgment: 21 November 2024
Catchwords: PRACTICE AND PROCEDURE - security for costs - failure to provide security as ordered - looming trial date - application to dismiss proceeding - competing applications to discharge security or extend time for its provision - no satisfactory evidence about mechanisms to provide security if time is extended - unsatisfactory history of non-compliance - cascading uncertainties - proceeding dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 37P, 56(3), 56(4) Federal Court Rules 2011 (Cth) r 19.01(c) Federal Court Rules 1979 (Cth) O 35A r 2(1)
Cases cited: AON Risk Services Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Bell Wholesale Ltd v Gates Export Corporation (No 2) (1984) 2 FCR 1 Hera Project Pty Ltd v Bisognin (No 3) [2017] VSC 268 Idoport Pty Limited v National Australia Bank Limited [2002] NSWSC 18 Smart Company Pty Ltd (in liq) v Clipsal Australia Pty Ltd (No 6) [2011] FCA 419 Spencer v The Commonwealth (2010) 241 CLR 118 Sunshine Energy Australia Pty Ltd v Youssef [2023] FCA 189 Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd [2001] FCA 1603
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