Murphy Corporation Ltd v Acumen Design & Development (Qld) Pty Ltd

[1992] QCA 185

STATE REPORTING BUREAU

TRANSCRIPT OF PROCEEDINGS

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[1992] QCA 185

COURT OF APPEAL

DAVIES JA PINCUS JA DERRINGTON J

APPEAL NO 5 OF 1992

MURPHY CORPORATION LIMITED

(Plaintiff) Appellant

and

ACUMEN DESIGN AND DEVELOPMENT

(QUEENSLAND) PTY LTD

(First Defendant) First Respondent

and

DEREK GRAHAM HOOPER

(Second Defendant) Second Respondent

BRISBANE
... DATE 29/5/92

JUDGMENT

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4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Tel:[phone]
Fax:[phone]

DAVIES JA: This is an application for security for costs by two successful defendants (the applicants) against an unsuccessful plaintiff/appellant. Judgment was given below in favour of the applicants for something over $600,000. The appellant (a company) presently has a receiver appointed, that receiver having been appointed on either 20 or 25 May. Its shares were suspended by the Stock Exchange at the end of April.

Mr D Fraser, who appeared for the appellant, has said that the directors are presently unable to swear that the appellant is able to pay its debts as they fall due. In my view, the circumstances are such that the appellant should be obliged to provide security for the applicants' costs: both the judgment debt and the cost of the action remain outstanding. Both are substantial sums.

I would therefore order theat the appellants pay security for costs, either by paying the sum of money of $15,000 into Court within 21 days or by providing security to the satisfaction of the Registrar. The applicants will have the time limited for providing to the court their outlines of submissions extended to that date. I would also order that the appellant pay the applicants' costs of this application.

PINCUS JA: I agree.

DERRINGTON J: I agree.

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