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Sunshine Energy Australia Pty Ltd v Youssef [2023] FCA 549

Sunshine Energy Australia Pty Ltd v Youssef [2023] FCA 549

PRACTICE AND PROCEDURE – interlocutory application seeking leave to claim same relief in new proceedings pursuant to r 39.03(1)(b) of the Federal Court Rules 2011 (Cth) – where previous proceedings were dismissed for failure to comply with security for costs order – where there has been no material change in circumstances – where the applicant remains impecunious – where applicant has outstanding costs orders – where respondent suffers prejudice – whether applicant should be shut out from making a proper claim – where new application for same relief may be brought in different circumstances – application dismissed

Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0549

For more information, see the original judgement.


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