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
Related cases
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Lamson Concepts Pty Ltd v Oscuro [2025] FCA 579
PRACTICE AND PROCEDURE – application to set aside ex parte search orders – whether applicant made material non-disclosure when seeking orders – whether applicant breached duty of candour – application dismissed Related cases about search orders Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0579For more information, see the original judgement.
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Austin Engineering Ltd v Podulova (No 4) [2025] FCA 523
PRACTICE AND PROCEDURE – urgent ex-parte application for freezing order – absence of good arguable claim for pecuniary relief – freezing order to prevent frustration of prospective costs judgment – sufficiency of evidence of departure from Australia – sufficiency of evidence of removal of assets from Australia – sufficiency of evidence of danger prospective judgment…
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ATO v Hartley [2025] FCA 322
PRACTICE AND PROCEDURE – ex parte application for freezing orders and ancillary orders – whether there is a good arguable case for final relief on prospective cause of action for tax related liabilities – whether there is a degree of danger or risk that any judgment obtained will not be met due to dissipation of…
For more information, see the original judgement.
