MASTER CLUB CONSULTANTS PTY LTD V STANBRITT PTY LTD & ANOR [2000]
Supreme Court of the ACT – 18 February 2000
FACTS
Master Club issued proceedings against Stanbritt alleging damages for an alleged repudiation of a management consultancy contract. This proceeding followed a similar proceeding that had been issued by a director of Master Club and discontinued with an order that the director pay costs to Stanbritt.
Stanbritt had only received half the costs owing by the director of Master Club and was concerned that Master Club would be unable to pay Stanbritt’s costs if it successfully defended this proceeding. Stanbritt therefore issued an application for security of costs.
Master Club failed to provide any evidence to the Court about its financial position. Stanbritt were able to prove that Master Club had a share capital of $12 and was not the registered owner of any property.
ISSUE
Should the Court make an order that security of costs against Master Club?
FINDING
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