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Cases Citing This Decision
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Statutory Material Cited
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Jafari v 23 Developments Pty Ltd
[2019] VSCA 16
Citation 1
…f security for costs. The general principles involved were again considered recently by the Court of Appeal in Jafari v 23 Developments Pty Ltd & Ors [2019] VSCA 16. In that decision, the Court referred to principles previously set out in Maher v Commonwealth Bank of Australia [2008] VSCA 122. In Jafari , the Cou…
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Maher v Commonwealth Bank of Australia
[2008] VSCA 122
Citation 2
…opments Pty Ltd & Ors [2019] VSCA 16. In that decision, the Court referred to principles previously set out in Maher v Commonwealth Bank of Australia [2008] VSCA 122. In Jafari , the Court referred to the fact there is a wide and unfettered discretion in deciding whether or not to grant security in the context of…
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Livingspring Pty Ltd v Kliger Partners
[2008] VSCA 93
Citation 3
…dered to do so. There has to be a rational basis for the belief and no more. This is a low threshold – see Livingspring Pty Ltd v Kliger Partners (2008) 66 ACSR 455. Reference is also made to the recent decision in Brooklyn Landfill & Waste Recycling Pty Ltd v Commonwealth Golf Club [2019] VSC 52.…
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Brooklyn Landfill and Waste Recycling Pty Ltd v Commonwealth Golf Club Inc
[2019] VSC 52
Citation 4
…artners (2008) 66 ACSR 455. Reference is also made to the recent decision in Brooklyn Landfill & Waste Recycling Pty Ltd v Commonwealth Golf Club [2019] VSC 52.…
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Raventhorpe Pty Ltd & Ors v Westpac Banking Corporation
[2017] VSC 362
Citation 5
…gued that discretionary considerations support the making of the order sought. Reference is made to Raventhorpe Pty Ltd v Westpac Banking Corporation [2017] VSC 362. In the present case, there has been no delay in Karavias seeking security for costs. It was made very promptly after the commencement of proceedings…
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Colmax Glass Pty Ltd v Polytrade Pty Ltd
[2013] VSC 311
Citation 6
…14 There is then the issue of whether the impecuniosity of Blue was caused by Karavias. As was said in Colmax Glass Pty Ltd v Polytrade Pty Ltd [2013] VSC 311, the approach to be taken in respect of this is as follows. The plaintiff carries the burden of persuasion on the question of whether the conduct of the de…