QLDQCA
Molony & Anor v ACN 009 697 367 P/L
[2003] QCA 120
Court of Appeal (Qld)|2003-03-21|Before: McMurdo P, Williams JA and White JSeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made
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Source factsCourt
Court of Appeal (Qld)
Decision date
2003-03-21
Before
McMurdo P, Williams JA and White JSeparate reasons, for judgment of each member of the Court, each concurring as to the orders, made
Catchwords
- PROCEDURE - SECURITY FOR COSTS - OTHER MATTERS - where primary judge
- ordered that the appellant company give security for the respondent’s
- costs pursuant to r 670 Uniform Civil Procedure Rules - where order not
- complied with – whether primary judge erred in law and/or contrary to the
Source
Original judgment source is linked above.
Catchwords
PROCEDURE - SECURITY FOR COSTS - OTHER MATTERS - where primary judgeordered that the appellant company give security for the respondent’scosts pursuant to r 670 Uniform Civil Procedure Rules - where order notcomplied with – whether primary judge erred in law and/or contrary to theprinciples founded in law uponwhich an order for security for costs can beordered against a natural person - whether the orders denied the first appellantnaturaljustice - whether order was made without jurisdiction to stay theproceeding against the first plaintiff as the respondent’sapplication fororders for security for cost and the staying of the proceeding as only directedagainst the appellant company - whetherappellant company’s case can besplit from first appellant’s caseCorporations Act2001 (Cth), s 1335Trade Practices Act 1974 (Cth), s 52UniformCivil Procedure Rules 1999, rr 670-672Adam P Brown Male FashionsPty Ltd v Phillip Morris Inc [1981] HCA 39(1981) 148 CLR 170, consideredHarpur v