PRACTICE AND PROCEDURE – interlocutory application for security for costs against appellant – no appearance by appellant – potential request for adjournment refused – ex parte hearing of application – principles for granting order for security for costs – where grounds of appeal identify no error in reasoning of primary Judge – where limited evidence of appellant’s financial position – where unclear whether security for costs order would stifle appeal – where costs assessment undertaken by experienced costs specialist – where costs assessment and costs sought by respondent reasonable in the circumstances – security for costs order made against appellant –Federal Court of Australia Act 1976 (Cth) s 56 and Federal Court Rules 2011 (Cth) r 36.09
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Oxford Insurance Brokers PL v NTI Limited [2025] FCA 268
CORPORATIONS — return of an application seeking the grant of an ex parte interlocutory injunction restraining the first respondent from giving effect to a decision to terminate an agreement — whether prima facie case made out — whether balance of convenience favours the continuation of interim orders — where case is not sufficiently strong to…
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ASIC v Alshakshir [2025] FCA 19
PRACTICE AND PROCEDURE – interlocutory application for urgent interim relief – where plaintiff seeks travel orders preventing defendant from leaving Australia pursuant to s 1323 of Corporations Act 2001 (Cth) – where ex parte orders made and application adjourned to allow inter partes hearing – where plaintiff has commenced investigation into defendant and associated entities…
For more information, see the original judgement.
