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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Fitzpatrick v Isaacs [2024] FCA 1187
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…
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KTC v David (Security for Costs) [2024] FCA 911
PRACTICE AND PROCEDURE – application for further security for costs – where Applicant has no assets in Australia – where original security not yet exhausted – whether further security premature – consideration of appropriate quantum
