SECURITY FOR COSTS – application by the defendants for security for costs pursuant to s 1335 of the Corporations Act 2001 (Cth) and/or s 56 of the Federal Court of Australia Act 1976 (Cth) (FCA) – whether defendants met the threshold in s 1335 of the Act by establishing that there is reason to believe that the plaintiff will be unable to pay the defendants’ costs if successful in their defence – whether the discretion under s 56 of the FCA enlivened – threshold met and discretion enlivened – where necessary to determine form of security – exercise of the discretion – whether appropriate to stage security – where security for costs ordered up to and including preparation of affidavit evidence with liberty to apply
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0943
For more information, see the original judgement.
