Gaye (No 1) Pty Ltd v Allan Rowlands Holdings Pty Ltd

In the High Court of Australia, Allan Rowlands Holdings Pty Ltd (the applicant) sought security for costs against Gaye (No 1) Pty Ltd (the respondent). The dispute concerned the form and amount of security to be provided.

The court was required to determine the appropriate manner in which security for costs should be provided and the amount of that security. The parties were seeking to resolve the issue by agreeing on security over a generator, which was alleged to be worth $13,000.

The court noted that Order 70 rule 7 of the High Court Rules contemplates that the Court fixes the amount of security, and then security may be given in a manner approved by the Registrar. The parties indicated a willingness to consent to an order for security over the generator in the sum of $13,000, subject to the respondent's client having an opportunity to verify the generator's value and ensure it was not encumbered. The court indicated it could make an order by consent for security to be given in a particular manner or fix an amount, leaving the form of security to the Registrar.