covid19-law.com.au
5. Civil Procedure
G. Security for costs
i. Legislation
As of the last update, we are not aware of any COVID-19 related legislation in this area.
ii. Case law
Issues relating to COVID-19 have been considered in the context of applications for security for costs.
In Vincentia MC Pharmacy Pty Ltd v Australian Community Pharmacy Authority [2020] FCA 438, the possibility of an appellant being required to lose staff if ordered to give security for costs, and the environment of job insecurity caused by the COVID-19 pandemic, were considered to weigh (together with other considerations) against the making of an order for security pending appeal ([19]).
The ACT Supreme Court took into account the economic impact of COVID-19 on certain plaintiffs in determining the amount to be ordered on a successful application for security for costs: Today’s Homes and Lifestyle Pty Ltd (in liquidation) v McCoullough [2020] ACTSC 72, [19].
G. Security for costs
i. Legislation
As of the last update, we are not aware of any COVID-19 related legislation in this area.
ii. Case law
Issues relating to COVID-19 have been considered in the context of applications for security for costs.
In Vincentia MC Pharmacy Pty Ltd v Australian Community Pharmacy Authority [2020] FCA 438, the possibility of an appellant being required to lose staff if ordered to give security for costs, and the environment of job insecurity caused by the COVID-19 pandemic, were considered to weigh (together with other considerations) against the making of an order for security pending appeal ([19]).
The ACT Supreme Court took into account the economic impact of COVID-19 on certain plaintiffs in determining the amount to be ordered on a successful application for security for costs: Today’s Homes and Lifestyle Pty Ltd (in liquidation) v McCoullough [2020] ACTSC 72, [19].
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