An application for security for costs brought by the respondent in the proceedings, AGL Energy Ltd (AGL), pursuant to s 1335 of the Corporations Act 2001 (Cth), s 56 of the Federal Court of Australia Act 1976 (Cth) and r 19.01(1)(a) of the Federal Court Rules 2011 (Cth). The applicant in the primary proceeding, General Trade Industries Pty Ltd (in liq) (General Trade) was impecunious, but had significant creditors capable of providing security.
General Trade resisted the making of any order for security, primarily on the basis that its insolvency was said to be caused by AGL.
Mei Barnes appeared (with Brian O’Donnell QC) for the successful respondent, AGL, instructed by King & Wood Mallesons.
The judgment is published here.