DISTRICT COURT OF QUEENSLAND
CITATION:
Hambleton & Anor v Idec Solutions Pty Ltd [2020] QDC 17
PARTIES:
DAVID JAMES HAMBLETON AS LIQUIDATOR OF M&B RIGGING (QLD) PTY LTD (IN LIQUIDATION) ACN 148 170 923
(First Plaintiff)
AND
M&B RIGGING (QLD) PTY LTD (IN LIQUIDATION) ACN 148 170 923
(Second Plaintiff)
v
IDEC SOLUTIONS (PTY LTD) ACN 082 559 920
(Defendant)FILE NO:
1461/19
DIVISION:
Civil
PROCEEDING:
Application
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
5 March 2020
DELIVERED AT:
Brisbane
HEARING DATE:
6 December 2019
JUDGE:
Porter QC DCJ
ORDER:
- Application for security for costs against the First and Second Plaintiff dismissed.
CATCHWORDS:
PROCEDURE – COSTS – SECURITY FOR COSTS – where the defendant seeks an order for security for costs under r 670 of the Uniform Civil Procedure Rules 1999 (Qld) or s 1335(1) of the Corporations Act 2001 (Cth) – where the First Plaintiff is the liquidator of the Second Plaintiff – where the liquidator is not a proper party to the proceedings but the defendant does not seek to have the liquidator removed as a plaintiff – whether the principle Harpur v Ariadne applies – whether it is open to the Court to order security for costs against the liquidator – whether the liquidator is suing for the benefit of another – whether there is reason to believe that the liquidator will not be able to pay the defendant’s costs if ordered to pay them
Uniform Civil Procedure Rules 1999 (Qld) rr 69, 670, 671, 672, 673
Corporations Act 2001 (Cth) ss 477, 1335
Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170
Devine v Lu (2018) 338 FLR 208
Go Gecko (Franchise) Pty Ltd v Plyable Pty Ltd & Anor [2017] QSC 329
Green v CGU (2008) 67 ACSR 105
Harpur v Ariadne Australia Ltd [1984] 2 Qd R 523
Hession v Century 21 South Pacific Limited(in Liq) (1992) 28 NSWLR 120
Jeffery & Katauskas Pty Ltd v SST Consulting Pty Ltd (2009) 239 CLR 75
JNJ Resources Pty Ltd v Crouch & Lyndon [2014] QSC 137
Kent v La Communaute des Soeurs de Charites de la Providence [1903] AC 220
Livingspring Pty Ltd v Kliger Partners (2008) 20 VR 377
Mitry v Business Australia Capital Finance Pty Ltd (in liquidation) [2010] NSWCA 360
Monto Coal 2 Pty Ltd v Sanrus Pty Ltd [2019] 3 Qd R 143
Park & MacIntosh v Lanray IndustriesPty Ltd [2010] QCA 257
Press Metal Aluminium (Australia) P/L v Total Concept Group P/L & Anor (No 2) [2014] QDC 186
Schneider v Alusa & Ors [2012] QSC 37
Schokman v Hogg [2003] QCA
COUNSEL:
N J Shaw for the first and second plaintiffs
M Trim for the defendantSOLICITORS:
GRT Lawyers for the first and second…
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- AGLC
- Hambleton v Idec Solutions Pty Ltd [2020] QDC 17
- Case
- [2020] QDC 17
- Decision Date
CaseChat Overview and Summary
The court considered whether the principle in Harpur v Ariadne applies and whether it was open to the Court to order security for costs against the liquidator. The court found that the principle in Harpur v Ariadne does apply and that it was open to the Court to order security for costs against the liquidator. However, the court found that there was no reason to believe that the liquidator will not be able to pay the defendant’s costs if ordered to pay them. The court found that the liquidator is not suing for the benefit of another and that the second plaintiff is suing for its own benefit.
The application for security for costs against the first and second plaintiff was dismissed. The court found that there was no reason to believe that the liquidator will not be able to pay the defendant’s costs if ordered to pay them. The court found that the liquidator is not suing for the benefit of another and that the second plaintiff is suing for its own benefit. The court found that the defendant had not established the necessary criteria for an order for security for costs.
Orders
Orders of the court
1. Application for security for costs against the First and Second Plaintiff dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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