Benjamin v GB Franchising Australia Pty Ltd

In *Benjamin v GB Franchising Australia Pty Ltd*, the applicant sought an order for the payment out of court of security that had been lodged by the respondent. The application was heard by Refshauge J in the Supreme Court of the Australian Capital Territory.

The central legal issue before the Court was whether the respondent, having lodged security for costs, was entitled to have that security paid out to it, notwithstanding the general rules of court.

Refshauge J determined that the Court had the power to dispense with the ordinary rules of court under rule 6 of the *Court Procedures Rules 2006* (ACT). This power allowed the Court to make orders that might otherwise be prevented by the strict application of the rules. Consequently, the Court ordered that so much of the rules be dispensed with as would prevent the making of an order for the payment out of court of the security lodged by the respondent.