Façade Treatment Engineering Pty Ltd (in liq) v Brookfield Multiplex Constructions Pty Ltd

Façade Treatment Engineering, a liquidated company, brought an application against Brookfield Multiplex Constructions for security for costs, arguing that they were unable to fund the proceedings without financial assistance. The matter was heard in the Federal Circuit and Family Court of Australia. The primary legal issue before the court was the weight to be given to the impecuniosity of the respondent, Brookfield, when determining the application for security for costs. Additionally, the court needed to decide if there was a genuinely arguable question of law of considerable public importance.

The court found that the impecuniosity of Brookfield was not a determinative factor in the application for security for costs. It held that the primary consideration should be the merits of the applicant's case and the likelihood of success. The court also considered the public importance of the legal question, which involved the interpretation of security for costs provisions. Ultimately, the court determined that there was no genuinely arguable question of law of considerable public importance. Consequently, the application for security for costs was refused. The court did not grant the order sought by Façade Treatment Engineering.